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Ius Humani. Revista de Derecho

On-line version ISSN 1390-7794

Abstract

MALDONADO ORDONEZ, Jorge Alberto  and  JARAMILLO-VALDIVIESO, Juan Andrés. Ecuadorian Legal regime of foster care: advances and lagoons. Ius Humani [online]. 2019, vol.8, pp.43-60. ISSN 1390-7794.  https://doi.org/10.31207/ih.v8i0.203.

The need of insertion in suitable homes of those children who are in shelters or in a risky situation in their homes is imperative, in order to protect the integrity of those and their correct development. This decision to foster care is of great importance in the child's life, which will clearly affect their development in a positive or negative way. That is why this work aims to analyze the measure of foster care of children or adolescents from a doctrinal and legislative point of view, as well as its application in Ecuador. For this, qualitative methodology with synthetic analytical research method was used. The structure of the article, after the introduction, begins with the conceptualization of foster care, highlighting its characteristics, purpose so the minor who is subject of this measure; then the modalities of foster care are examined, emphasizing that which is carried out in an extended family; Next, the required conditions are analyzed to finalize the rights and responsibilities of the foster child. The work concludes, mainly, that in spite of the ignorance still existing in our country about this measure, the correctly applied foster care will benefit countless children who are at risk protecting their physical and mental integrity.

Keywords : Foster Care; Higher Interest of the Child; Family; Foster Care in Extended Family; Children’s Rights.

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