HAVANA.— With the recent implementation of the Código de la Niñez, Adolescencias y Juventudes (Childhood, Adolescence, and Youth Law), Cuba has established a legal framework that places younger generations at the center as full rights holders. However, one of the most pressing questions among citizens is how these principles translate into everyday life for children and adolescents who, for various reasons, cannot live with their families of origin.
To address this issue, the Ministry of Education (MINED) issued Resolution 62, which serves as a roadmap outlining how the State will guarantee the right to family life through alternative care arrangements and adoption.
In this regard, the regulation establishes a modern typology of care facilities, tailored to the developmental needs of each stage of life. These include emergency or temporary care institutions, with a maximum capacity of 12 children and stays of up to 30 days, functioning as immediate safe havens in crises.
Institutional Care
The resolution states that institutional care is an exceptional and temporary protective measure, ordered by the competent authority, aimed at providing children and adolescents with protection and attention to their emotional and developmental needs when they are deprived of their family environment or when their family cannot adequately ensure their well-being.
Placement of minors takes place in social care centers designed to provide a protective, nurturing, and safe environment, with proper hygiene, nutrition, infrastructure, and specialized professional care tailored to age, gender, personal circumstances, and specific needs.
Types of Care Institutions
Emergency or temporary care institutions: With a maximum capacity of 12 children and stays of up to 30 days, serving as immediate protection spaces.
Early childhood institutions: Limited to 10 children, designed to replicate a family-like environment, with stays ranging from three to six months depending on age.
Institutions for children and adolescents (ages 7 to 18): Organized into small, home-like groups, focused on preparing residents for independent living and family reintegration.
Protection of Rights in Institutional Care
The regulation establishes that children entering care facilities, as well as their families of origin, will receive psychosocial support and continuous guidance from trained personnel, both upon admission, throughout their stay, and during their transition out of the institution.
To ensure this right is upheld, facility administrators will coordinate with community mental health centers and other institutions under the Ministry of Public Health to provide access to pediatric clinical psychology services.
Similarly, in emergencies or natural disasters, specific protocols will be activated to prioritize the safety and emotional stability of children in care, ensuring continuity of support and individualized attention.
The resolution also states that siblings may only be separated in exceptional cases, following a multidisciplinary assessment that prioritizes the best interests of each child, and only when living together would compromise their overall protection.
When siblings cannot remain together in the same facility, the competent authority must ensure appropriate placement, establish a stable and accessible system of communication and visits—accompanied by professionals when necessary—and guarantee ongoing monitoring by family advocacy services.
Foster Families and Community Support
The resolution goes beyond institutional care by strengthening community-based networks. It defines “support families” as those who voluntarily host children from care facilities during weekends or holidays.
“These are not adoptive families, but rather provide emotional respite, allowing children to experience life in a family environment while easing the institutional burden.”
At the same time, MINED is responsible for actively identifying potential foster families, working alongside municipal commissions and family advocacy bodies to ensure that, whenever possible, children grow up in a home rather than in an institution.
Adoption: A Child-Centered Process
In terms of adoption, care institutions play a central role in emotional preparation. Before a child is adopted, the facility’s technical team—psychologists and social workers—prepares a detailed case file and supports the child psychologically for the transition.
The process includes gradual meetings with the prospective family, ensuring that the experience is respectful and minimizes additional trauma.
Translated by Linet Acuña Quilez