This study focused on the analysis of the implementation of the laws and public policies aimed at guaranteeing the right of children and adolescents with mental disabilities and/or mental disorders to live in the context of the family. For too long these children and adolescents remained excluded from public policy concerns. Forgotten in closed institutions, often run by the philanthropic sector, or even hidden in the bosom of their families, the fact is that children and adolescents with mental disabilities and / or mental disorders were doomed to a certain invisibility, which reinforced the lack of knowledge that still exists about them. At present, Brazil goes through a new moment in history when it comes to ways of conceiving children and adolescents as well as providing care for them, based on the Doctrine of Full Protection, as recommended by the Statute of the Child and the Adolescent. These changes have favored the emergence of a set of guidelines focusing on three aspects: the family setting as central for child development; residential care as an exceptional measure, and the co-responsibility between state, society and the family for the care of children and adolescents. However, if on the level of discourse, there is a consensus that the family setting is the place where children and adolescents should be raised, educated and protected, in practice what is observed is a mismatch between the importance given to the role of family and lack of minimum conditions to enable it to offer their children a decent life, particularly when these families are poor. The scenario of lack of support to families is exacerbated for those whose children have mental disabilities and / or mental disorders, and consequently need special care and treatment. In this dissertation were analyzed 36 interviews carried out with professionals who work for public and private organizations and are involved in the care of children and adolescents with mental disabilities and / or mental disorder. These interviews were conducted as part of two studies carried out by CIESPI - International Center for Research and Policy on Childhood, in association with PUC-Rio - between the years 2006 and 2010. The results pointed out to the conclusion that, although there have been important advances in recent years, much remains to be done in order to ensure the full realization of these children and adolescents’ rights to remain in their family setting.