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An informational article from Emisoras Unidas with a translation

posted Mar 22, 2017, 11:50 AM by Madre Alexandra   [ updated Mar 22, 2017, 4:06 PM ]

The past few days have been busy for all of us, and we thank everyone for the continued outpouring of support for us all. 
In particular, Igumeni Madre Inés has been interviewed many times. The following article from Emisoras Unidas is very good. 

El artículo en español -->   AQUÍ or clic en la imagen 

We have provided an English translation below. Please remember when reading that the Hogar Rafael Ayau is a private home and no agreement was ever signed with CNA, the National Center for Adoptions or any agency. 

Mother Inés Ayau, the director and legal representative of the the Hogar Rafael Ayau and Juan Manuel Roca, the director of consulting for the Attorney General's Office (PGN), were interviewed during the First Hour program to talk about the future of the child care center.

On March 20, the PGN notified the Hogar Rafael Ayau that the State formally required the property to be returned, in view of the failure to publish the Governmental Agreement through which property was granted in usufruct* to the center in 1996.

(*Translation note on usufruct - a document allowing "to make use of, enjoy the benefits of")

The PGN also argues that the registration of the real rights in the General Property Registry was not effected, so that the usufruct was not born into legal life.

The controversy is normal

Mother Inés Ayau

  • I thank all those who have supported us in these difficult times.
  • The news? It's a surprise. It's the least we expected.
  • It is a 50 year usufruct. We already worked for 20 years and we have attended more than a thousand adolescents, that, if they had not been taken care of today, would be mareros, (gang members) because they are abandoned children.
  • It is a surprise because the notice comes after I wrote through social networks to the President, making a space available to children who needed to relocate due to the emergency (the Hogar Seguro of the Virgin of the Assumption).
Total layout
  • In the Hogar there is the Workshop School of the Municipality where 300 young people are attended daily.. There is also a school for disabled children where 80 attend.
  • We know that there are children from the Hogar Seguro who were transferred to the Hogar Alida Spain, which must also be attended.
  • We could receive some children, as long as they assure us that we will not have problems.
  • In the usufruct it is stipulated that we do not receive aid from the State, that all will be private contributions. That's why we have 10 premises that are rented for US $ 300 per month.
  • In the usufruct we committed to perform an annual external audit, which is published every year on our website.
  • The State has in many cases demonstrated its ineptitude. When we received the Hogar Rafael Ayau, there were many children who were gang members ... thieves, it was a proven inefficiency.
  • We can not receive the entire youth population, but about 25 men who are not from juvenile detention, who are young and need a healthy home. 
  • I would like it to be a friendly solution. What I want is to see the highest good of children.

Juan Manuel Roca

  • Since October 2016, a process and an administrative investigation have been initiated with State Property, which is responsible for the administration and custody of state assets.
  • In November 2016, the situation reached a halfway point, when a delegation from personal property arrived at the Rafael Ayau Home and was barred from access, although it is a state property.
  • There is a detailed report to the PGN and the initiation ofvan administrative file andvinvestigation. The process continues, and there are communications between the PGN and the National Council of Adoptions (CNA), and the latter reports that it has not been allowed to supervise this Home.
  • Currently 11 teenagers are housed in this Home.
The State needs real estate
  • For the State, other real estate is needed to house adolescents. That is why the decision was made to require the property. It is a block and a half, and could host more adolescents, and not only 11, as there is now.
  • What we want is the legality of the property, the governmental agreement granting the usufruct was never published.
  • If the publication had been given, the real rights in the RGP were not registered. The property is in the name of the State, and there is a subscription for the Secretariat of Social Welfare (SBS).
  • We have prevailing laws and regulations in which there are defined deadlines for registration.
  • Due to the need, a period of 30 days was set for the Home to return the property to the State. There should be two-way communication to know if they need more time to meet. We know that in Amatitlán they have a bigger property where they also offer support.
  • In addition, there is income that is collected on a State property, which must be supervised by the Comptroller General of Accounts.
  • This is an interinstitutional discussion, of State, to find a better solution for the welfare of minors.