Special disqualification from exercising parental authority, guardianship, curatorship, custody, or foster care deprives the convicted person of the rights inherent to the former and extinguishes the latter, as well as the inability to be appointed to such positions during the term of the sentence. The penalty of deprivation of parental authority implies the loss of that right, with the exception of those rights held by the child with respect to the convicted person that are judicially determined. The judicial authority may impose these penalties with respect to all or some of the minor children or persons with disabilities in need of special protection who are under the care of the convicted person.
To determine which rights of minor children or persons with disabilities will remain in effect in the event of deprivation of parental authority, and to determine with respect to which persons the penalty is imposed, the judicial authority will assess the best interests of the minor child or person with a disability, in relation to the specific circumstances of the case.
For the purposes of this article, parental authority includes both that regulated in the Civil Code, including extended and reinstated authority, and analogous institutions provided for in the civil legislation of the autonomous communities.