Bill 618.

Summary.

The bill regulates the establishment and operation of institutional and residential care centers for children, adolescents, and adults with disabilities in the Republic of Panama. It requires centers, regardless of ownership, to apply the procedures established by the National Secretariat for Children, Adolescents and the Family (Secretaría Nacional de Niñez, Adolescencia y Familia) to prevent, detect, and respond to potential incidents of violence. It also provides for standards and indicators to evaluate those procedures. They must specify how action is initiated, communication systems, and coordination among the center’s staff and Secretariat professionals. When they become aware of a crime against a resident, they must file the relevant complaints with the Prosecutor’s Offices for Children and Adolescents (Fiscalías de Niñez y Adolescencia), the Courts for Children and Adolescents (Juzgados de Niñez y Adolescencia), or another state body involved in the resident’s protection, within 24 hours or, if that is not possible, within the time required for travel. Complaint and reporting mechanisms must be accessible, secure, and confidential, without risk of retaliation. Minors may submit confidential complaints to the Public Prosecutor’s Office (Ministerio Público), the competent judicial authority, and the Ombudsperson (Defensor del Pueblo).

The regulation would apply to all centers that accommodate those persons, and its obligations would be enforceable against public or private individuals and legal entities that operate or are located in the national territory. For its interpretation and application, the bill establishes the best interests of the child, comprehensive protection, family life, the temporary nature of institutional placement, non-discrimination, the participation of children and adolescents, and transparency and accountability. Separation from the family is treated as exceptional, a last resort, and temporary; placement in a center is subject to periodic review and must last as little time as possible. It also recognizes minors’ right to be heard in decisions affecting them.

Its aims include authorizing centers, implementing awareness measures against violence, and facilitating access to the protection of investigative and judicial authorities for residents, families, staff, and officials when they face risks or suspected crimes. It also proposes technical or vocational programs, based on capabilities and skills, to prepare adolescents with or without disabilities for independent living. It defines centers as temporary care and protection settings for persons believed to have been abandoned, lacking a family alternative, subjected to violence or neglect, or having nutritional, educational, or special needs. It classifies them according to whether they provide protection, therapy, nutritional rehabilitation, accommodation during the school term, or disability-related care for minors who have reached adulthood. Centers may serve different age groups if they have sufficient infrastructure, staff, capacity, and methods, with differentiated and separate care.

The National Secretariat for Children, Adolescents and the Family would be the administrative authority responsible for implementing the regulation. Its Board of Directors would assume responsibility for supervision, sanctions, and permit decisions concerning institutional centers administered by the Secretariat itself. The administrative authority could grant, deny, or revoke permits for residential centers; establish controls and inspections; issue recommendations; report irregularities to the Prosecutor’s Offices for Children and Adolescents; and impose sanctions under the title specified in the bill. Through the Office for Supervision of Institutional Care Centers (Oficina de Supervisión de los Centros de Acogimiento Institucional), it would conduct mandatory visits to institutional centers every 2 months. Through the Supervision and Monitoring Committee (Comité de Supervisión y Monitoreo), it would coordinate mandatory visits to residential or institutional centers every 4 months, with reports on residents, facilities, furnishings, and staff, as well as individual reports containing medical, psychological, academic, and therapeutic assessments and records of complaints concerning suspected mistreatment or other crimes.

The provisions connect the protection, investigative, and judicial authorities mentioned with care center operators, their workers, families, and residents. The heading proposes repealing Executive Decree 404 of October 30, 2020.