Asturias reorganizes child protection with a new childhood law

As of this Friday, the Principality of Asturias has a new legal framework for childhood: the Law of the Principality of Asturias 8/2026, of October 15, on Childhood and Adolescence, published in the Official Gazette of the Principality of Asturias no. 206, of October 23, 2026 (Code 2026-08566). The regulation, approved by the General Assembly of the Principality of Asturias and promulgated by President Adrián Barbón Rodríguez in Oviedo on October 15, replaces Regional Law 1/1995, of January 27, on the protection of minors. It will enter into force one month after its publication, on November 23, 2026.

A text of 134 articles that replaces the 1995 law

The new law consists of 134 articles distributed across eight titles, eight additional provisions, one transitional provision, one repealing provision, and four final provisions. Its drafting began with a prior consultation with girls, boys, and adolescents in municipal participation forums, protection centers, schools, and youth associations, as stated in the preamble of the text.

The declared objective is to adapt regional regulations to the state reforms of Organic Law 1/1996, Organic Law 8/2015, Law 26/2015, and Organic Law 8/2021 on comprehensive protection against violence, and to organize the promotion of rights, prevention, protection, and the execution of measures within a single text. The sole repealing provision nullifies Law 1/1995 and any regulations that oppose it.

Among the planning instruments, the competent Department must develop every six years a Strategic Plan for Childhood and Adolescence Care, approved by the Government Council and submitted to the General Assembly, which will also receive an annual monitoring report.

Support up to age 26 and priority for foster care

Title V regulates the protection system and dedicates several articles to the age of majority. Article 102 creates transition programs to adult life for young people who reach the age of majority under a foster care measure and without family support; Article 103 extends these specific supports, with voluntary acceptance and a commitment to involvement, up to 26 years of age.

The programs may include:

• Socio-educational monitoring and support, psychological support, and legal advice.
• Access to formal and non-formal training, including the payment of fees.
• Specific housing measures or rental assistance and financial aid.
• Formal mentoring with volunteer accompaniment.
• Preference in access to benefits, aid, or public employment and subsidies for hiring.

Regarding foster care, the law prioritizes the family of origin and, if that is not possible, family-based measures over residential ones, and stable measures over temporary ones. Residential care will not be agreed upon for children under 10 years of age or for those with special needs, unless no family alternative exists, and the minimum entry age for specific centers for minors with behavioral problems is set at 13 years.

Municipal councils intervene in risk situations

The main jurisdictional novelty is the attribution to city councils of the material, technical, and legal actions in risk situations, although the formal declaration of risk remains the responsibility of the regional Administration through a reasoned resolution accompanied by a timed intervention plan. Social services civil servants working in child protection acquire the status of authority agents.

The law also creates the Childhood and Adolescence Participation Council, composed of minors and attached to the relevant Department; the Childhood and Adolescence Protection Commission, a collegiate body that will issue a mandatory but non-binding report on protection measures; and the figure of Childhood and Adolescence Counsel. The Childhood and Adolescence Observatory of the Principality of Asturias is maintained as a coordination and advisory body.

Title VII creates the Registry of Collaborating Entities in Child Protection, which is public, and the Child Protection and Adopters registries, which are confidential and updated ex officio. Collaborating entities—authorized non-profit foundations and associations—are subject to control and inspection by the regional Administration.

Fines of up to 600,000 euros

The sanctioning regime distinguishes between minor, serious (27 cases, including violating the right to be heard or disseminating the image of a minor), and very serious infractions. Fines range from 300 to 6,000 euros for minor infractions, from 6,001 to 60,000 for serious ones, and from 60,001 to 600,000 for very serious ones. Very serious infractions expire after five years, and sanctions may be published in the BOPA when they are serious or very serious.

The regulation also includes commitments with specific deadlines: a specialized training program in childhood, adolescence, and gender within a maximum of twelve months; the adaptation of the text to easy-to-read format within six months; and a framework volunteering program within one year. It also modifies the Law of the Principality of Asturias 4/1984 to allow popular legislative initiatives from the age of 16, with at least 10,000 signatures.

The impact of the law is twofold: on one hand, it organizes into a single text the duties of the regional Administration, the councils, and the social entities that work with minors; on the other, it extends protection beyond the age of 18, up to 26, for young people leaving the foster care system without a family network, one of the groups at highest risk of exclusion.

Source: Official Gazette of the Principality of Asturias, no. 206, of October 23, 2026, section I (General Provisions), page 1 (official reference: Code 2026-08566).