samedi 19 février 2011

Child protection: Attention without building the contradictory administrative!


Child protection: Attention without building the contradictory administrative!

Child protection: Attention without building the contradictory administrative!
By jacques - louis .colombani 10/27/07
Last comment added 4 months ago

Act No. 2007-293, March 5, 2007, reforming child welfare is presented as to give general advice for new ways to carry out this vital responsibility in implementing the following three priority objectives: strengthening prevention, organize the reporting of high-risk situations and diversify actions and modes of support for children.

The presentation of this text by the Chancellery is thus made:

"In order to enhance prevention, law organizes regular check-ups to the essential moments of childhood development." These points of contact between the child, family and professionals aim to accompany, assist and support families to avoid the situation of a child is deteriorating.

To enable a reliable and fast reaction worrying information concerning the situation of a minor Act organizes the reporting procedure. To this end, it creates a reporting cell composed of child protection professionals in each Department. The objective is to gather all information allowing to assess the situation as a whole, to assess and propose responses in a collegial manner. The Act makes possible this collegial authorizing the sharing of information between child welfare and social work professionals entitled to solicitor-client privilege. Outside of this layout, the rule of professional secrecy is reaffirmed in the interest of children and families, to preserve the confidence essential to the conduct of social work.

Finally, the Act diversified modes of support for children. It opens the range of possibilities between the maintenance of the child in his family and institutional or foster care placement: each child must be able to benefit from the best solution to his situation. "Thus Act allows one-time hosting or periodicals outside of the family roof when the moments of crisis require implementing child remotely."

The judicial Protection of the youth in his note on reinforced Educational Centres and immediate placement centres (NOTE PJJ 2000-778/13-01-2000) attracted the attention of ladies and gentlemen first Presidents, prosecutors General, Presidents of the high courts, attorneys of the Republic on the necessities of the adversarial operated investments urgently.

"I call your attention in this regard on the increase in recent years, investments in educational assistance emergency and generalization in these situations in the practice of placing by floors, including out of periods of night or on weekends." It is all the more worrying when a hearing is not organised within eight days per child and he does not make an order of temporary placement susceptible of appeal. "Indeed, in such a case, neither minor nor his parents were heard by a magistrate so that a decision reached parental authority was made and the European Court of human rights regularly recalls the importance of respect for the principle of audi alteram partem."

God knows if these situations are painful in practice.

Especially when reporting just how "sujective" to the ears of the administrative authorities...

We then discussed the previous articles the articulation of the protection of minors and the responsibility of custodial services.

DUNKIRK, thanks to Emmanuel DEWEES Bâtonnier bar encourages us to form us on the defence of the child and in particular how his word.

But what to serve us if the adversary is not institutionalized in the procedures and administrative services are not subject to the principle of audi alteram partem in appréciatoin the "interest of the child".

Notable dissertation reference supported at the University of MONTREAL on the topic "Quality of the fraternal relationship and psychosocial adjustment among brothers and sisters placed jointly or in a foster home separately"


It goes even better read it to realize how placement can be destabilizing for sibling especially when some enfanst are still with their parents while others of the same family are links with their brothers and sisters of milk at home families that worked the effective work of natural homecoming.

The new legislation if it governs not administrative services could lead to dead ends.

Some families of victims to information signalantes pure sujectives are doing heureurement with a happy judicial outcome through awareness and professionalism of the actors.

Include the testimony of Mr Henri Darbes, in his book "Thief of children", published in editions of the Blue Jays.

Think a contratio "the bailiff to Outreau" or the story of the "glass bone disease" insist on the need to implement crazy guards judicial administrative machine...

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