Biscay has opened the way to create exceptional reception resources for unaccompanied minors

The Provincial Council of Bizkaia has approved the possibility of exceptionally, temporarily, and transitionally contracting residential reception resources for unaccompanied minors, different from those regulated by Decree 131/2008, in order to respond to a massive and unpredictable increase in demand. The decision was recorded in a provincial agreement dated September 10 and was published in the Official Gazette of Bizkaia (Boletín Oficial de Bizkaia), issue number 178, on September 17, 2026, in section I. The official reference of the agreement is BOB-2026a178-(I-1078).

The agreement applies the legal provision contained in the first additional provision of Decree 131/2008, of July 8. This decree regulates the reception resources for children and adolescents in need of protection, and the exception clauses contained therein allow for the use of resources outside the regulatory network. The provincial agreement was approved on September 10, under point 22 of the agenda, and was signed by provincial deputy Amaia Antxustegi Ziarda in Bilbao on September 15.

The reasons for the increase in demand are not specified in the agreement; the text only states that the increase has been massive and unpredictable and, as a result, it is not possible to respond through the regulatory resource network. This is precisely the basis that justifies the exception.

Content of the Agreement

• First: The Social Action department will have the power to exceptionally, temporarily, and transitionally contract residential reception resources, different from those regulated in Article 6 of Decree 131/2008 and those related to it.
• Second: The contracted resources must meet the formal and material conditions specified in the Childhood Service Report (Informe del servicio de Infancia).
• Third: Notification of the agreement to the Basque Council for the Care of Children and Adolescents (Consejo Vasco para la Atención a la Infancia y a la Adolescencia) as the advisory body, along with the report and motivation.
• Fourth: Publication in the Official Gazette of Bizkaia.
• Fifth: Notification to the Welfare, Youth and Demographic Challenge department of the Basque Government.

Terms and Conditions

• The operational period of these resources will be a maximum of one year.
• The period may be extended by six months, counted from the date they are implemented.
• The contracting is aimed at providing the immediate care required by unaccompanied minors.

The agreement does not specify how many places or in which centers they will be contracted; this will be decided by the Social Action department, according to the conditions set out in the report.

Conclusions

The exceptional contracting of residential reception resources has a direct impact on the care of unaccompanied minors, as it is a tool to alleviate the pressure on the regulated network. However, the measure is limited in nature: one year, with a six-month extension, and is subject to the formal and material conditions of Decree 131/2008.

The resolution grants the Social Action department of the Provincial Council of Bizkaia the power to launch new resources, but it does not automatically establish a specific number of places. The key for the reader is: the state of exception of the protection system has been recognized, and this will condition the regular management of the reception of minors in the coming months.

Fuente: Boletín Oficial de Bizkaia, núm. 178, 17 de septiembre de 2026, Sección I, pág. 1 (referencia oficial: BOB-2026a178-(I-1078)).