Affidamento familiare consensuale e limiti di controllo (art. 9, commi 4 e 5, l. n. 184/1983)

Di Emanuela Andreola -

The procedure to report cases of child’s neglect regulated by art. 9 of the Law no. 184/1983 provides that relatives within the fourth degree who welcome minors not being under the care of their biological parents in their home are exempted from the obligation to inform the State’s Attorney of the Juvenile Court of it, becoming so legitimate foster parents with no time limit. This legislative decision can be said as based on the presumption that due to the close relationship family custody among relatives (uncles or grandparents) for a long period or for an unlimited period of time is considered in any case to be legitimate. However, in the light of the new family set-ups, the question is if nowadays such presumption of suitability in favour of the close family can still be considered valid and if the exemption from the burden of reporting provided for by art. 9, co. 3-4, L. 184/1983 is yet justified.