Guide for guardians of orphaned minors

Summary of the legal guide for guardians of orphaned minors

The Legal Guide for Guardians of Orphaned Minors in the Dominican Republic is an initiative of the firm Pellerano & Herrera that responds to the institutional commitment to contribute to social well-being through the practice of law.

This document is presented as a technical and human tool to provide accessible, practical, and empathetic legal guidance to people who—after the loss of one or both parents—must assume the responsibility of caring for orphaned children or adolescents.

The guide was developed in the context of the social impact generated by the tragedy that occurred at the Jet Set nightclub , where a large-scale event left multiple victims and a trail of orphaned children.

However, its content applies to any case of orphanhood and has a broader scope, ranging from support in legal proceedings to the dissemination of fundamental rights for children and adolescents in the Dominican Republic.

The document is intended for grandmothers, aunts, older siblings, godparents, neighbors, teachers, foster caregivers, and anyone without prior legal experience or formal training who must make decisions on behalf of a minor.

This legal guide for guardians of orphaned minors seeks to translate complex legal concepts into understandable and useful language, capable of being put into practice by any citizen with emotional and legal responsibility for a minor.

Topics covered in the guide

Legal guardianship and Family Council

One of the most important pillars of the guide is the Family Council , established by the Dominican Civil Code. This body protects the interests of orphaned minors by appointing guardians and supervisors and ensures the proper use of inherited property.

The guide explains how it is formed, how meetings are convened, what decisions it can make, and how its legality is guaranteed through judicial approval.

Probate process in the legal guide for guardians of orphaned minors

It provides guidance to guardians and family members on how to access assets left by deceased parents. It includes the steps for processing a certificate of notoriety, filing a declaration of succession with the Directorate General of Internal Revenue ( DGII ), and formalizing the transfer of assets to the minor.

Labor rights of children of deceased workers

The guide details the rights that minors are entitled to in the event of the death of a worker according to the Labor Code: financial assistance, proportional payment of Christmas bonuses, unused vacation time, and profit sharing. It explains who can claim them, in what order of priority, and what documents are required.

Social security and survivor’s pension

An entire chapter is devoted to the survivor’s pension for children of workers affiliated with the Dominican social security system (Law 87-01). It explains how it is calculated, who are the direct beneficiaries, and what happens when there are no immediate heirs.

Immigration procedures

The guide also provides guidance on the procedures required for an orphaned minor to legally leave the country. It details the permits required by the General Directorate of Migration and the judicial authorizations required when the minor is under the guardianship of CONANI .

Practical tools for guardians of orphaned minors

The legal guide for guardians of orphaned minors includes:

• Glossary of legal terms (guardianship, pro-guardian, curator, certificate of notoriety, legal heirs, etc.).
• Frequently asked questions about procedures and rights.
• Practical examples that illustrate how to apply the steps in real-life situations.

Conclusion

As a whole, this guide not only provides legal guidance but also reaffirms that the law can be a tool for care, protection, and humanity. From a technical yet empathetic perspective, it seeks to support those who must protect a child after the loss of a parent.

The Legal Guide for Guardians of Orphaned Minors in the Dominican Republic is part of Pellerano & Herrera’s ongoing commitment to access to justice, an accessible legal culture, and support in times of crisis.

Its publication represents a concrete contribution to strengthening the rule of law and the well-being of Dominican children.