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Juvenile law in Giron is part of the national legal framework that protects children and adolescents and regulates how the state responds when minors face situations of risk, abuse, neglect or alleged criminal conduct. The core national reference is the Colombian Children and Adolescents Code - Law 1098 of 2006 - which establishes rights, protective measures and the special procedures that apply to persons under 18. In practice, cases in Giron are handled through a combination of municipal authorities - such as the Comisaria de Familia - regional offices - like the ICBF Seccional Santander - and national institutions - including the Fiscalía and the judicial branch - all of which must follow the principles of protection, best interest of the child, proportionality and restorative justice.
Locally, Giron follows these national rules while using municipal services for immediate protection and coordination with regional offices for measures that require institutional involvement. The juvenile justice system treats adolescents between 12 and 17 years old under a special regime that emphasizes education, psychosocial intervention and reintegration rather than only punishment. For children under 12, criminal responsibility does not apply and protection measures focus on family and welfare interventions.
Legal help is often necessary in juvenile matters because procedures are specialized, time-sensitive and have long-term consequences for a minor and their family. Common situations where people need a lawyer include:
- When a minor is accused of a crime or detained by the police. A lawyer protects due process rights, assists at hearings and negotiates measures that avoid excessive deprivation of liberty.
- In child protection cases opened for alleged abuse, neglect or abandonment. Parents, caregivers or the child may need representation to present evidence, request or oppose protective measures, and protect parental rights.
- For custody, visitation and parental relocation disputes. Lawyers prepare petitions, represent clients in hearings and help implement safe contact plans.
- During adoption or guardianship procedures. Attorneys help with the formal steps, document preparation and compliance with legal requirements.
- If the ICBF or municipal authorities propose temporary removal of the child from the home. A lawyer advises on legal remedies and alternatives to removal.
- To obtain legal aid, representation before the Fiscalía or the family court, and to appeal decisions affecting a minor.
The legal framework applicable in Giron is principally national but implemented locally through municipal and regional bodies. Key aspects to know:
- Age of responsibility - Criminal responsibility in Colombia begins at age 12 and runs until the day before the 18th birthday. Adolescents 12 to 17 are subject to the Sistema de Responsabilidad Penal para Adolescentes - a justice system with distinct procedures and measures.
- Protection regime - Law 1098 of 2006 and related regulations prioritize preventive and restorative measures, family reintegration and guarantees for the child or adolescent involved. Measures include family support, temporary placement, psychosocial attention and, in the case of adolescents, educational or restrictive measures proportionate to the conduct.
- Institutional actors - In Giron, the Comisaria de Familia handles immediate family and protection complaints. The Instituto Colombiano de Bienestar Familiar - ICBF - Seccional Santander is the regional body responsible for child welfare programs, temporary care and adoption processes. The Fiscalía General de la Nación investigates alleged crimes and has units for adolescent cases. The Personeria Municipal and the Defensoria del Pueblo provide oversight and rights protection.
- Judicial process - Family courts and juvenile courts manage protection and responsibility cases. Hearings must guarantee the presence of legal counsel for the minor. Decisions can be appealed according to procedural rules.
- Rights while under measures - Minors retain fundamental rights to health, education, family contact when appropriate, legal representation and participation in decisions that affect them in an age-appropriate manner.
Under Colombian law, criminal responsibility applies from age 12 until 17 inclusive. Children under 12 are not subject to criminal prosecution. Adolescents between 12 and 17 enter the juvenile responsibility system, which uses special procedures and measures focused on reparation, education and reintegration rather than adult criminal penalties.
Stay calm and seek legal help immediately. Ask for the reason for detention and insist on contacting a lawyer. Notify the Comisaria de Familia or the Personeria Municipal so they can monitor the situation. Never allow a minor to answer questions without counsel and request that the minor be brought before the Fiscalía or a judge promptly to ensure legal guarantees are observed.
The ICBF can take urgent protective measures if there is imminent risk to the life or integrity of the child. These actions are exceptional and must be justified. After an urgent removal, a judge will review the measures and determine whether they should continue. Parents have the right to challenge the removal and request a hearing with legal representation.
Yes. Minors must have legal representation in both protection and juvenile responsibility proceedings. If the family cannot afford a lawyer, the state or municipal offices such as the Personeria may provide legal assistance or help the family obtain free legal aid.
Measures emphasize education and social reintegration. They can include warnings, community service, educational programs, supervised freedom, and in serious cases, restrictive measures in specialized juvenile centers. The duration and nature of measures must be proportionate and aim to reintegrate the adolescent into family and community life.
Juvenile records are handled differently than adult criminal records. The system seeks to protect the adolescents future by limiting the lasting effects of juvenile procedures. In many cases, records are sealed or their access is restricted, and rehabilitation or completion of imposed measures can affect how the record is treated. A lawyer can advise on specific options for record confidentiality or expunction where available.
Yes. Parents or caregivers can face criminal, administrative and civil consequences for acts of abuse, neglect or abandonment. Administrative processes may involve the ICBF and protective measures, while criminal investigations are handled by the Fiscalía. The person accused has the right to legal defense.
The Comisaria de Familia receives complaints related to family conflicts, domestic violence and child protection. It can issue protection orders, coordinate with the ICBF, refer families to psychosocial services and request judicial measures when necessary. It is often the first point of contact for urgent family and child protection matters in the municipality.
Options include the Personeria Municipal, which offers legal orientation and representation in public interest matters, the Defensoria del Pueblo for human rights issues, university legal clinics and state programs for free legal aid. In child protection or juvenile cases, the court or the Fiscalía can also inform you about available resources or assign counsel when the family cannot pay.
Collect identification documents for the minor and parents, medical reports, witness statements, school records, photographs, police reports, any communications related to the incident and records of previous interventions by social services. Keep originals safe and provide copies to your lawyer. Good documentation helps protect the minor and supports your case in hearings.
When dealing with juvenile matters in Giron, the following institutions and places can provide assistance or information. Contact the corresponding local or regional office for guidance:
- Instituto Colombiano de Bienestar Familiar - ICBF Seccional Santander - for protection, temporary care and adoption matters.
- Comisaria de Familia de Giron - first response for family conflicts, protection orders and coordination with child welfare services.
- Personeria Municipal de Giron - public defender office that provides legal advice and can represent victims of rights violations.
- Fiscalía General de la Nación - the office that investigates alleged crimes and has specialized units for adolescent cases.
- Defensoria del Pueblo - ombudsman institution that protects human rights and offers support in systemic problems affecting children.
- Local family courts and juvenile courts - where protection and adolescent responsibility proceedings are held.
- University legal clinics and non-governmental organizations in Santander - may offer free or low-cost legal help and psychosocial support.
If you need legal assistance in a juvenile matter in Giron, follow these practical steps:
- Act promptly - Juvenile and protection cases often involve strict deadlines. Immediate action can protect the minor from harm and preserve legal rights.
- Contact emergency municipal services - For immediate danger, contact the Comisaria de Familia or local authorities so the child receives urgent protection.
- Seek legal counsel - Look for an attorney experienced in juvenile or family law. If you cannot afford one, ask the Personeria Municipal, Defensoria or local university clinics about legal aid.
- Gather documentation - Assemble identification, medical and school records, witness statements and any evidence relevant to the case.
- Attend all hearings and follow court orders - Compliance and timely participation are essential for protecting the minor and for favorable outcomes.
- Prioritize the best interest of the child - Work with professionals - social workers, psychologists and lawyers - to design a plan that supports the minors safety, education and reintegration.
- Keep a record - Maintain written notes of all contacts with authorities, dates of hearings, decisions and copies of documents provided to officials.
Legal matters involving children and adolescents are sensitive and require specialized attention. If you are unsure where to start, visiting the Comisaria de Familia or the Personeria Municipal in Giron will provide immediate guidance and referrals to the right professionals and institutions.
