From typicallyspanish.com

Costa de la Luz
Junta threatens care order for Cádiz child who is taught at home
By m.p.
Jan 1, 2008 - 1:22 PM

A couple from Sanlúcar de Barrameda could lose custody of their 11 year old son if they fail to send him to school by 15th January. The Junta de Andalucía says he will be taken into the care of the regional government if that does not happen.

José Antonio Salazar, the lawyer who is acting for the boy’s parents, told EFE the child has never attended school and is taught at home under the supervision of a specialised centre in California. He said the right to freedom of education is recognised under the Spanish Constitution, and his clients have the support of Andalucía’s Ombudsman, José Chamizo, and the APDH Human Rights Association.

The case was passed on to the Junta de Andalucía’s education department after the parents were called to declare as suspects in proceedings started by the local Town Hall, which itself came after the case was reported by a local police officer.

It’s understood such a care order if, in the event, issued by the Junta, would declare the child as ‘neglected’ by his parents under the law for the rights and care of minors.