Facilities
Back to: Unaccompanied foreign minors
Article 19 of Legislative Decree 142/15
Paragraph 3
“Minors and asylum-seeking minors are accommodated with their parents, with minor unmarried siblings or with other adults exerting parental responsibility”
Paragraph 4
“The provision of reception services established by this Decree shall grant services tailored to the needs of minors, including recreational needs”
Paragraph 5
“Operators in charge of minors possess an adequate qualification or are otherwise specifically trained, and are bound to a confidentiality duty as to what concerns data and information about minors”
Please note:
- Operators in charge of minors possess an adequate qualification or are otherwise specifically trained, and are bound to a confidentiality duty as to what concerns data and information about minors.
- “If reception facilities are not available …ASSISTANCE to AND RECEPTION of minors are TEMPORARILY GRANTED BY THE PUBLIC AUTHORITY OF THE MUNICIPALITY WHERE THE MINOR RESIDES”.
- “Unaccompanied minors shall not be detained or accommodated in the facilities making the object of articles 6 and 9” (i.e. Identification and Expulsion Centers and Hubs)
ARTICLE 19 OF LEGISLATIVE DECREE 142/15
MODIFIED BY ARTICLE 4 OF LAW 47/2017
Paragraph 1
“for immediate help and protection necessities, minors are accommodated in governmental first reception facilities dedicated to them (i.e. the so-called “minor hubs”) for the time strictly necessary to carry out identification procedures – which shall be completed within ten days – and age assessment procedures if necessary, and in any case for no longer than 30 days”
Paragraph 2
unaccompanied asylum-seeking minors shall be granted accesso to the SPRAR system (the same applies to non-asylum-seeking minors within the limits of the available resources)
Paragraph 2-bis
“When choosing an accommodation among those that are available, the needs and characteristics of the minor as resulting from the interview mentioned in Article 19-bis , paragraph 1, have to be taken into consideration and compared with the kind of services offered in the reception facility. Facilities dedicated to unaccompanied foreign minors shall provide a minimum standard of services and assistance as established for residential facilities for minors in compliance with Article 117, paragraph 2, point m) of the Italian Constitution. They shall possess the authorizations or accreditations established by field-specific national and regional legislation. Non conformity to the declarations provided throughout the accreditation process will result in the reception facility being cancelled from the System”.
New paragraph 2-ter.
Unaccompanied foreign minors have the right to participate, in the person of a legal representative, in all legal and administrative proceedings concerning them and to be listened to on the subject in question. The presence of a cultural mediator is guaranteed throughout the proceedings.