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This document has been provided by the
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ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
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for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
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This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
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for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
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guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
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Law 8,069, of July 13 th, 1990 – Statute of the Child and Adolescent
Chapter II – Care Entities
Section I – General Provisions
Art. 90. The care entities are responsible for maintaining their own units a nd for planning and
implementing protection and socio -educational programs for children and adolescents, under the
following regimen:
I – socio -familiar guidance and support;
II – so cio -educational support in open space;
III – family placement;
IV – foster care; (T ext by Law 12,010/09)
V – assisted liberty;
VI – semi -freedom;
VII – hospitalization.
§1 G overnment al and non government al entities should enroll its programs , specifying the care
regimens as defined in this article, with the Municipal Council for the Rights of Children and Ado lescents,
wh ich will maintain a record of the entries and changes, t o be communicated to the Guardian Council
and to the judicial authority. (Included by Law 12,010/09)
§2 The resources for the implementation and maintenance of the programs referred to in this article will
be prescribed in the budget allocations of the public a uthorities in charge of the Education, Health and
Social Assistance fields , among others, being observed the principle of absolute priority of children and
adolescents preconized by a rt. 227, cap ut of the Federal Constitution and the cap ut and sole paragraph
of art. 4. of this act . (Included by Law 12,010/09)
§3 The programs under execution will be reviewed by the Municipal Council of Rights of the Child and
Adolescent within every 2 (two) years , being the following c riteria necessary for the renewal of the
authorization for o peration: (Included by Law 12,010/09)
I – the effective respect for the rules and principles of this law as well as for the resolutions regarding the
type of services rendered , issued by the Councils of Rights of Children and Adolescents at all levels;
(Included by Law 12,010/09)
II – the quality and efficiency of the work developed , officially recognized by the Guardian Council, the
Public Ministry and the Childhood and Youth Courts; (Included by Law 12,010/09)
III – when it comes to foster care or family placement p rograms , it shall be considered the index of
success in family reintegration or foster family adaptation, as appropriate. (Included by Law 12,010/09)

Art . 91. The non -governmental entities can only operate after being enrolled with the Municipal Council
for the Rights of Children and Adolescents, which will communicate the enrollment to the Guardian
Council and to the judicial authority of the respective location.
§1 The enrollment will be denied to the entity that: (Included by Law 12,010/09)
a) does not provide physical installations in adequate conditions of habitability, hygiene, health and
safety;
b) does not present a work plan consistent with the principles of this Law ;
c) is improperly constituted;
d) has in its structure persons of ill reput ation;

e) does not suit or fail to comply with the resolutions and deliberations re garding the type of services
rendered, issued by the Councils of Rights of Children and Adolescents, at all levels. (Included by Law
12,010/09)
§ 2 The enrollment will have a maximum validity of 4 (four) years, being the Municipal Council for the
Rights of the Child and Adolescent in charge of periodically reassess its renewal pertinence , subject to
the provisions of §1 of this article. (Included by Law 12,010/09)

Art . 92. The entities developing foster care or family placement programs should adopt the following
principles: (Text by Law 12,010/09)
I – preservation of family ties and promot ion of family reintegration; (Text by Law 12,010/09)
II – integration into a fos ter family when exhausted the resources to maintain the natural or extended
family; (Text by Law 12,010/09)
III – personalized treatment and in small groups;
IV – development of activities in co -education regimen;
V – to not break up groups of siblings;
VI – to avoid, when possible, the transfer to other entities of sheltered children and adolescents;
VII – participation in local community life;
VIII – gradual preparation to age out;
IX – the participation of community people in the educational process.
§1 The director of an entity engaged in foster care program s is equivalent to the guardian for all
purposes of law. (Included by Law 12,010/09)
§ 2 The directors of organizations developing programs for foster care or family placement will forward
to the judicial authority at least every six (6) months detailed reports about the situation of each child or
adolescent sheltered and his family, for purposes of the reassessment provided in §1 of art. 19 of this
Law (Included by Law 12,010/09)
§3 The different levels of government, through the Executive and Judiciary Branches, shall jointly
promote the continued qualification of professionals working directly or indirectly in programs of foster
care and family placement of children and adolescents, including members of the Judiciary, the Public
Ministry and Guardian Council. (Included by Law 12,010/09)
§4 Unless otherwise determined by the competent judicial authority, the entities developing p rograms
of foster care or family placement , if ne eded with suppo rt from the Guardian Council and social service
agencies, will encourage child and adolescent contact with their parents and relatives, pursuant to the
provisions of sections I and VIII of this article. (Included by Law 12,010/09)
§5 The entities developing programs for foster care or family placement may only receive public funds , if
proven the compliance with principles, requirements and purposes of this Law (Included by Law
12,010/09)
§6 The breach of the provisions of this l aw by the director of an entity engaged in programs to foster
care or family placement is a cause for his dismissal, with no p rejudice to the investigation of his
administrative, civil and criminal liability. (Included by Law 12,010/09)

Art. 93. The entities maintaining foster care program may, in exceptional and urgent case, shelter
children and adolescents without a prior determination of the competent a uthority, communicating the

fact within 24 (twenty four) hours to the Judge for Childhood and Youth subject to liability. (Text by Law
12,010/09)
Sole Paragraph. Once informed, the judicial authority will, after hearing the Public Ministry and if
necessary with the support of the local Guardian Council, adopt the necessary measures to promote the
imme diate family reintegration of the child or adolescent or if for any reason it is not possible or
advisable , to its referral to a foster care or family placement program , or to a foster family, observed the
provisions of §2 of art. 101 of this Law (Included by Law 12,010/09)

Art. 94. The entities conducting internment programs have the following obligations, among others:
I – respect rights and guarantees that adolescents are entitled to;
II – do not restrict any right that has not been subject to any restrictions on the internmen t decision;
III – to offer personalized care in small units and small groups;
IV – to preserve the identity and offer an environment of respect and d ignity to the adolescent;
V – to work towards the restoration and preservation of family ties;
VI – to info rm the j udicial authority periodically the cases where the resumption of family ties is
considered impracticab le or impossible;
VII – to provide physical facilities in adequate conditions of habitability, hygiene, health and safety and
goods needed for per sonal hygiene;
VIII – to provide food and clothing sufficient and appropriate for the age of the sheltered adolescents;
IX – to offer medical, psychological, dental and ph armaceutical care;
X – to provide education and professional training;
XI – to provide cultural, sports and leisure activitie s;
XII – to provide religious assistance to those who wish, in accordance with their beliefs;
XIII – to carry out a social and personal study of each case;
XIV – periodically reassess each case with a maximum b reak of six months, giving notice of the results to
the competent authority;
XV – periodically inform the interned teenager the status of his proceedings;
XVI – to inform competent authorities all cases of adolescents suffering from infectious diseases;
XVII – to provide proof of deposit of adolescents’ belongings;
XVIII – maintain programs for supporting and monitoring post -prison ers;
XIX – to provide the documents needed for citizen ship exercise, for those who do not have t hem;
XX – to maintain a file with notes including the date and care circumstances, name of the adolescent,
parents or guardians, relatives, addresses, gender, age, monitoring of their formation, a list of their
belongings and other data to enable their identification and i ndividualized care.
§1 The obligations referred to in this article shall also be applied to entities maintain ing programs of
foster care and family placement. (Text by Law 12,010/2009)
§2 In carrying out the obligations referred to in this article entities shall preferably use the community
resources.

Section II – Supervision of Entities
Art . 95. Government and non -governmental organizations referred to in art. 90 shall be supervised by
the Judiciary Branch , the Public Ministry and Guardianship Councils.

Art . 96. The implementation plans and acc ounts will be submitted to the State or Municipality,
according to the origin of the budget allocations.

Art . 97. The following measures a re applicable to care entities that breach the obligation referre d to in
art. 94, without prejudice to the c ivil and criminal liability of its directors or representatives:

I – to governmental entities:
a) warning;
b) temporary removal of its directors;
c) definitive removal of its directors;
d) closing of the unit or interdiction of the program.
II – to non -governmental entities:
a) warning;
b) total or partial suspension of public money transfers ;
c) interdiction of units or suspension of the program;
d) cancellation of the registration.
§1 In case of repeated violations committed by care entities that may endangers the rights guaranteed
by this law, this fact should be informed t o the Public Ministry or to the competent judicial authority for
the adoption of appropriate measures including suspension of activities or dissolution of the entity.
(Text by Law 12,010/09)
§2 Public law l egal entities and non -governmental organizations will be liable for damages caused by
their agents to children and adolescents, characterized the breach of principles guiding the activities of
spec ific protection. (Text by Law 12,010/09)