Origin of the enjoyment of the permissions of art. 49.b) and c) TRLEBEP for career officers if they accommodate a minor for two months

The question raised is about the origin of the enjoyment of the permissions of art. 49 TRLEBEP for career officers if they accommodate a minor for two months.

The art. 49 mentions fostering as a factual assumption for the granting of the permits provided for in both point (b) and (c), with the following wording:

“b) Permission for adoption, for guardianship for the purpose of adoption, or for foster care, both temporary and permanent: will last for sixteen weeks (…)”

“(c) Permission of the parent other than the biological mother by birth, custody for the purpose of adoption, fostering or adoption of a child: shall be for a period of sixteen weeks (…)”

For its part, point (b), in fine, states that:

“The cases of adoption, custody for the purposes of adoption or placement, both temporary and permanent, provided for in this article shall be those established in the Civil Code or in the civil laws of the autonomous communities that regulate them, with temporary placement having a duration of not less than one year”

Therefore, in accordance with the provisions of this paragraph, which refers to the set of permits regulated in this article (49), it is not appropriate to grant the permits regulated in art. 49.b) and c) TRLEBEP in the case of placement of minors with a duration of two months.

All of the foregoing is without prejudice to recalling that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.