Basic law and rules

In case of an unaccompanied foreign minor intercepted on the Italian territory and reported to the competent authority, a residence permit for minors is issued upon request of the minor himself, directly or through the person exerting parental responsibility. The residence permit for minors can be requested even before a guardian is appointed according to Article 346 of the Civil Code. It is valid until the minor turns 18.

This permit is issued to minors aged fourteen (also pursuant to Article 9, paragraph 4 of Law No. 184 of 4 May 1983 and successive modifications) who are entrusted in foster care or guardianship to Italian citizens with whom they cohabit; or to minors older than fourteen (also pursuant to said Article 9, paragraph 4 of Law No. 184 of 4 May 1983 and successive modifications) entrusted in foster care or guardianship to foreign citizens regularly residing in the Italian territory or to Italian citizens, with whom they cohabit.

MODIFICATIONS TO LAW NO. 184/1983

Minors who are temporarily deprived of an adequate family environment in spite of assistance and help measures put in place according to Article 1, are entrusted in foster care to families – preferably with children under age – or to individuals who can guarantee support, education, schooling and emotional bonds according to the minors’ needs.

“1-bis. Local authorities can promote awareness raising and training initiatives in order to enhance family foster care of unaccompanied foreign minors. This system will have priority over reception facilities (introduced by Law 47/2017)”.

2. If foster care according to paragraph 1 is not possible, minors can be entrusted to family communities or, in the absence of these, to public or private reception facilities preferably located in the nearest possible place to the permanent residence of the original family unit. Minors under six years of age can be entrusted only to family communities.

3. In urgent and emergency cases, foster care can be organized without putting in place the measures established by Article 1, paragraphs 2 and 3.

“When an unaccompanied foreign minor reaches the age of majority and, despite having undertaken a path of social integration, needs prolonged support in order to reach the goal of autonomy, the Juvenile Court can arrange his entrustment to social services with a motivated decree, also upon request of the social services themselves, and in any case no later than the twenty-first year of age.”

ARTICLE 5 OF LAW 47/2017

1. Once the unaccompanied foreign minor has come into contact or has been reported to the police authorities, to the social services or other representatives of the local bodies, or to the judicial
   authority, qualified staff of the first reception facility under the guidance of the competent local body and assisted, wherever possible, by organizations, institutions or associations with proven and specific experience in the protection of minors, carry out an interview with the minor, aimed at deepening his personal and family history and at bringing out every other element useful for his protection, according to the procedure established by Decree of the President of the Council of Ministers to be adopted within 120 days from the date of entry into force of this provision. The presence of a cultural mediator is guaranteed during the interview.
2. In case of serious doubts concerning the age declared by the minor, the provisions of paragraphs 3 ff. apply. In any case, pending the outcome of the identification procedures, the minor’s reception is guaranteed by the appropriate reception facilities for minors established by law; if the prerequisites are met, the provisions of Article 4 of Legislative Decree No. 24 of 4 March 2014 apply.
3. The identity of an unaccompanied foreign minor is ascertained by police authorities
   assisted by cultural mediators, in the presence of the guardian or temporary guardian if already
   appointed, only after the minor has been granted immediate humanitarian assistance. Should a doubt persist about the declared age, this is principally ascertained through an identity document, also with the collaboration of diplomatic and/or consular authorities. The intervention of diplomatic and/or consular authorities shall not be requested when the minor has expressed the will to seek international protection or when a possible need for international protection arises during the interview referred to in paragraph 1. The intervention of diplomatic and/or consular authorities shall not take place if it can create risks of persecution and if the minor declares that he does not want to avail himself of the intervention of said authorities.
4. Should any serious doubts persist regarding the age declared by an unaccompanied foreign minor, the Public Prosecutor’s Office of the Juvenile Court may arrange for social and health examinations to be carried out to assess it.
5. With the help of a cultural mediator and in a language that he can understand, and in accordance with his degree of maturity and literacy, the foreigner is informed of the fact that his age can be determined through social and health examinations. He receives information about the kind of examinations he shall be submitted to, about the possible expected results and their possible consequences, and the consequences deriving from his potential refusal to undergo such examinations. The same information shall also be given to the person exerting parental responsibility over the alleged minor.
6. Social and health examinations aimed at age assessment shall be carried out in an appropriate environment, with a multidisciplinary approach, by adequately trained professional staff and, if necessary, in the presence of a cultural mediator, by means of the least invasive procedures, and respectful of the person’s presumed age, sex and physical and mental integrity. No social and health examinations shall be carried out that could compromise the person’s psychophysical condition.
7. The result of age assessment carried out by means of social and health examinations is communicated to the foreigner in a way that is consistent with his age, maturity and literacy level and in a language that he can understand. It is also communicated to the person exerting parental responsibility and to the judicial authority that ordered the assessment. The margin of error must always be mentioned in the final report.
8. Should any doubts persist even after the social-health age assessment, the minor age is presumed for all legal purposes.
9. The age attribution provision is notified to the foreigner and, at the same time, to the person exerting parental responsibility if appointed, and can be challenged in the context of a claim pursuant to Articles 737 ff. of the Code of Civil Procedure. In case of appeal, the judge decides as a matter of urgency within ten days. Any administrative and criminal procedure resulting from the identification as an adult is suspended until the decision is issued. The decision is also communicated to the police authorities for the completion of identification procedures.

ARTICLE 6 OF LAW 47/17

“7-bis. During the five days following the interview referred to in Article 19-bis, paragraph 1, if there is no risk for the unaccompanied foreign minor or his family members, with the prior informed consent of the same minor and exclusively in his best interests, the person exerting parental responsibility, even on a temporary basis, sends a report to the contracting body, which immediately starts the investigation.

7-ter. The result of the investigation mentioned in paragraph 7 is forwarded to the Ministry of the Interior, which shall promptly inform the minor, the person exerting parental responsibility, and the qualified staff who carried out the interview referred to in Article 19-bis, paragraph 1.

7-quater. If suitable family members are identified who can take care of the unaccompanied foreign minor, this solution must be preferred to his placement in a community”.

ARTICLE 26 OF LEG. DECREE 25/2008 MODIFIED BY LAW 47/2017

In case of an application submitted by an unaccompanied foreign minor, the authority receiving it shall suspend the procedure and immediately inform the Juvenile Court and the tutelary judge for them to initiate the guardianship process and appoint a guardian according to Articles 343 ff. of the Civil Code. During the 48 hours after this communication, the tutelary judge appoints a guardian. The guardian, or the person responsible for the reception facility pursuant to Article 3, paragraph 1 of Law No. 184 of 4 May 1983 and successive modifications, shall immediately contact the minor in order to inform him of the appointment, and the Police Authority in order to confirm the application, thus initiating the examination procedure.

ARTICLE 11 OF LAW 47/2017

Within ninety days from the entry into force of this Law, each juvenile court shall establish a list of voluntary guardians in which private, selected and adequately trained citizens can be enrolled by the Ombudsmen for Children and Adolescents of the Regions and of the Autonomous Provinces of Trento and Bolzano. Said citizens are willing to take on the guardianship of an unaccompanied foreign minor, or of more minors in the case of siblings (the maximum number is three). The aforementioned Ombudsmen for Children and Adolescents shall stipulate specific memorandums of understanding with the Presidents of the juvenile courts in order to promote and facilitate the appointment of voluntary guardians. In the Regions and in the Autonomous Provinces of Trento and Bolzano where the Ombudsperson has not been appointed, the Office of the Italian Authority for the Protection of Children and Adolescents temporarily exercises the same functions with the support of associations working in the field of migration and minors, as well as of local bodies, professional associations and universities.

ARTICLE 34 OF LEG. DECREE 286/98

1. The following groups have an obligation to enroll to the national health service and the right to equal treatment, as well as the same rights and duties of Italian citizens as to what concerns fiscal duties, assistance delivered by the Italian national health system, and its validity in time:

a) foreign citizens who legally reside in Italy and hold regular jobs, or are self-employed, or are registered in job seekers lists;

b) foreign citizens who legally reside in Italy or have applied for renewal of their residence permit due to one of the following reasons: working activity, family reasons, political asylum, humanitarian asylum, asylum application, awaited adoption, foster care, citizenship acquisition;

b-bis) unaccompanied foreign minors, also pending the issue of their residence permit, following the legal reports after their inerception in the national territory (provision introduced by Law 47/2017).

ARTICLE 14 OF LAW 47/2017

From the moment when the minor is introduced in reception facilities, the educational institutions at every level and the training institutions accredited by the Regions and the Autonomous Provinces of Trento and Bolzano activate measures to promote the fulfillment of his compulsory education and training path pursuant to Article 21, paragraph 2 of Legislative Decree No. 142 of 18 August 2015, including through the delivery of specific projects including, if possible, the presence or coordination of cultural mediators, and through conventions aimed at promoting specific internship programs. The competent administrations shall implement the provisions of this paragraph within the limits of the financial, instrumental and human resources available under the present legislation and in any case with no new or additional burdens on the public finance.

The final titles of study courses in each grade of the educational institutions are issued to the unaccompanied foreign minors with the identification data acquired at the time of enrolment, even if in the meantime they have reached the age of majority.