Children and State Responsibility

Chamber II of the Civil and Commercial Court of Appeals of the City of La Plata affirmed the declaration of adoptability of two siblings who had been in foster care for almost three years. Significantly, the Chamber ordered holding a hearing to offer them an institutional apology for the delay in the proceedings.

The ruling focuses on the best interests of the child, a guiding principle enshrined in the Convention on the Rights of the Child—which has constitutional status in Argentina—and in domestic law (Law 26061). In this context, the Chamber recalled that institutionalization should be exceptional and temporary, and that the right to live in a family cannot be subject to prolonged uncertainty.

The Chamber emphasized that the process far exceeded the time limits established in current regulations and that this delay means an additional violation of the children’s rights. Accordingly, it established that the best interests of the child require not only correct decisions, but also timely and effective ones.

Therefore, the Chamber decided to summon the children to a hearing in which the judges will explain, in plain language, the time that has elapsed, the decisions that have been made, and their current situation. Judges must also offer them an institutional apology on behalf of the State and the justice system for the delays and uncertainty caused.