SUPPORT THE CHILD HAS ASE AND THE EVOLUTION OF THE RIGHTS OF THE PARENTS.
Evelyne CORNOLO, Inspector ASE of Val de Marne
A Mr. a. Bruel 1998 report concluded: If parent, it is be actor of the transmission of life, it is at the same time feel responsible for his own children and all children of the continuity of the world. The magistrate defended in this report the responsibility of each and other learning back to parenting his importance in the interest of the child.
Accompany the family and the support in the exercise of parenting requires to collect the legal aspect, and the issue dealt with now on that day shows legislative and regulatory developments important, whether recognition of the rights of the parents of children and parental authority. Thus, before talking about more precise and more practical way the consequences of child separation / ASE placement parents, I would remind some elements of this evolution.
EVOLUTION OF THE TEXTS: RECOGNITION OF RIGHTS AND PARENTAL AUTHORITY
With regard to the rights of the parents, as early as 1984, the Act of 6 June was an important advance. On the right of the families in their relations with the child protection services, she notices several principles:
·Right to be informed about the conditions and consequences of social intervention
·Right to be accompanied by a person of his choice in its applications
·Right for parents to participate in key decisions concerning their child
·Right of the child to be associated with the measures
·Right to appeal against decisions of admission to the social assistance to childhood
The Act thus reaffirmed the scope of parental authority, which means that parents are informed and associated with any decision concerning their children. It to legitimize the notion of contract who founded the relations in the context of administrative protection. The concept of parental rights is in place gradually and induces changes in practices.
The international rights of the child Convention has just continue the evolution by considering that the child now exists for himself, he has rights, it is an adult to become parents or their surrogate have to lead gradually to adulthood.
Without tedious history with regard to parental authority, I would like to just remember that the notion of paternal power disappeared from our legislation until 1970. The concept of shared parental authority has evolved since, the grooming and the successive reforms occurred until March 2002, where the law on parental authority, whose major objective is to ensure equality among all children regardless of the marital status of their parents. This law said that parental authority was intended for the interest of the child, and therefore, it strives to put this interest at the centre of every parental authority system.
Parental authority is therefore defined as follows:
"set of rights and duties aimed the interests of the child." It belongs to the father and mother until majority or emancipation of the child to protect his safety, health or morals, to ensure his education and allow its development, in respect for the person. "Parents associate the child in decisions that concern them, according to their age and maturity."
RIGHTS OF PARENTS WHOSE CHILDREN ARE PLACED HAS SOCIAL ASSISTANCE HAS CHILDREN
Content of the right to custody of the ASE service
Subject to the powers granted to the parental authority, measures taken under the educational assistance cannot in any case porter parental authority that hold or legal representatives, and to access and the right to accommodation (Code of Social Action and families). The Civil Code provides that the father and mother, the child gave rise to a measure of educational assistance, retain their parental authority over him and exercise all the attributes that are not irreconcilable with the application of the measure.
To the extent that parents are interested in a normal manner to their child, there was no reason to not entrust all decisions of some importance for the life of the child, the day-to-day decisions being taken by the service in agreement with them.
The father and mother, the child is the object of a measure of educational assistance, retain the exercise of parental authority over their child but only if this is consistent with the measures decided upon by the judge: those relating to the person of the child and those relating to property (legal administration).
ATTRIBUTES RELATED TO THE PERSON OF THE CHILD:
the right of custody: it is the right to withhold the child at home. "the child cannot without permission of the father and mother leaving the family home. It is the right to interfere in personal relationships, with the exception, unless serious grounds, grandparents. Only the Court can grant a right of access, for example, a former childminder. A right of access may be limited to the national territory.
The right of monitoring: monitor its associates or correspondence for example.
The right to education: choice of public education or private religion, for example.
Specific rights: right to consent to marriage, adoption, emancipation, the military commitment, right to authorize medical interventions, the abortion, right to represent the child in court, to request an educational assistance measure, to delegate this parental authority.
† THE ATTRIBUTES RELATING TO THE PROPERTY OF THE CHILD
The administration and enjoyment of the property of the child belong jointly to the father and the mother, when they jointly exercise parental authority.
RIGHT RELATIONSHIP, RIGHT OF VISIT AND OUTPUT FOR A GIVEN CHILD TO ESA BY A MAGISTRATE
-The ASE service exercises these rights in accordance with the family: the service cannot, of itself, in no case delete those rights.
-The magistrate has regulated these rights, visits, outings: the ASE service remains, however, fixed terms and conditions for the exercise of these rights. In challenge to a decision of the administration regarding the right of visit or any other decision made by the ASE service under the parental authority which still belongs to parents, children judge is always competent.
-The parents maintain a right of correspondence, which terms and conditions are set by the judge.
COMMON ACTS:
The 22.07.1987 Act introduced in legislation the concept of common acts: when the child is entrusted to a third party, it performs all usual acts relating to monitoring and education. The ASE service must be able to exercise all the usual acts relating to the monitoring and education of the child.
THE NON-COMMON ACTIONS:
For non-customary acts which engage the fate of the child, on important acts serious conflict, the juvenile judge must intervene and confirm or set aside the intervention of the ASE service on the issue by a likely Court of appeal by the parents. This procedure is exceptional (authorization to operate, initially abroad with a school...)
THE WISHES OF THE CHILD:
Must be naturally taken account of the will of the child, it being the first concerned. The law provides child-specific powers: the minor himself signed his contract of apprenticeship, can obtain contraception and treat anonymously for sexually transmitted diseases, seize the children judge...The Civil Code provides, inspired directly from the Convention international rights of the child, the possibility for the minor capable of discernment, to request to be heard in any proceedings concerning him and be accompanied by any person of his choice.
Contribution 9 b
THE EVOLUTION OF THE WORK OF THE CCAS PILOT
Ginette PEREIRA, special education teacher
For a long time, judges of the children or the parents give up children to the social assistance to childhood; they were placed in institutions or foster families, without the accompanying work thought, where some work about the parent-child bond.
The Bianco LAMY report has highlighted the shortcomings of the follow-up of children who were entrusted to the social assistance to childhood.
From this, the political will of the General Council helped in our Department, as early as 1983/1984 the progressive implementation of the child teams.
These teams are always mission monitoring of children. Indeed, every young person is followed by a social worker, external referent rather than investment. It is responsible to ensure the maintenance of the links and of course to work with parents to consider the return of the child as soon as possible.
In my professional career, I have seen that we are moving a virtual absence of work around the link parent/child to another extreme, that was to keep at all costs the parent/child relationship.
Today, the work of the referent focuses more on the taking into account of the uniqueness of each situation (which is more appropriate because more individualized).
This work seems to me more consistent because it takes more into account family dysfunctions, pathology of parents and the needs of the child based on age and its history.
Several statutes distinguish children entrusted to the social assistance to childhood:
AP
GP
Pupil or State
D.A.P.
They are considered the family history and the danger or risk of danger experienced by the child. It is not frozen, it may change in placement.
The provisional home is a one year renewable, maximum administrative contract signed by the Inspector and the parents at their request. This type of placement is often suite aun educational work upstream which has highlighted a disturbing family situation worsening. Social workers are finding that educational support is not enough or does not give the desired results and will progressively lead parents to take ownership of it.
This decision developed in consultation with the family must be understood by all that work will continue during the placement. Indeed, they will remain the privileged interlocutors and will be associated as it can to the everyday life of their child. The exercise of their parental authority will regularly sought.
The status of interim custody acts on judicial decision, sometimes in emergency. This type of placement is considered when there is a danger or risk of danger for the child.
This placement is an authoritarian measure, judges of children seeking membership of parents or at least try to get to the understanding of this decision.
Indeed, when tensions extreme, especially with teenagers, it is not rare that parents ask themselves a temporary home to the magistrate, because they realize that they are in a stalemate.
The placement may appear as a temporary means of family tensions.
Toutcomme with the previous status, parents will be regularly sought in the exercise of their parental authority.
When children are placed, they are sometimes psychological educativeet support at their institution.
At the same time, if that change is real and that a return of the child to be considered, it is necessary to meet regularly with parents, even if sometimes it is long and difficult to implement.
These meetings will allow them to evoke the suffering that generates the placement, but also be aware of family dysfunction and the absence of secure framework that required separation.
Often, educational support will allow them to regain confidence in themselves and gradually reclaiming their parenthood.
Parents will be to the extent of the possible associated with education, important decisions concerning health, daily life, evolution and the school orientation of their child (meetings of teachers, starting in transplanted class, signing of the various documents).
This accompanying work will also position the child in his family, including the extended family (grandparents, aunts, uncles...). But also to encourage, or even develop as much that it can the links between siblings, including when it comes to blended families
Indeed, it is sometimes found when there is separation, one of the parents is not present and more actually occupies its place.
The work undertaken with the father with the mother, but also the fact that the child outside the family context, both will sometimes allow the parent who was relatively outside, be aware of this lack and gradually reclaiming its place to the child. He may again enter it in his family and cultural history. (mention two examples)
Of course, this work of parent/child relationship is done generalementen closely with the educational team in place of placement of the child.
In placement situations, the referent is a third moderator.
When parents are suffering from a pathologielourde, the work is often difficult to implement and therefore, it seems to me essential to work with specialized, to identify all the areas of work which will enable the parent to exercise his parenting. This type of work requires that the parent agrees to be followed and that the institutions are in capacity to implement a real partnership working in the interest of the families (exchanges, reflections and meetings).
Educational support will allow the child to meet when it is possible the ill parent.
In the majority of these situations, when the child could benefit from a regular accompaniment and reassuring, he will be more accepting and gradually understand the actual psychological difficulties of the parent.
This requires, of course, the time but it seems to me that the child is in need of this knowledge to build and grow.
In these situations, the choice of the institution that will host the child is important, because the teams will generally to manage parent/child meetings and mediate, this means that they are able and ability to assure them
-illustrate with Ms. M, to share its pathology and his family environment, this MOM was able to protect his children, where a reporting and three children
More young people having achieved or close their majority are investment applications.
Our work will be to assess the application of the young who often appears as "victim": a family, confrontational climate sometimes with physical or moral violence.
It is common, in effect make the majority of the young re - appearance of old episodes that have not been developed or settled or then the parents are unable to access the application for a bit of autonomy of their young (especially if it does not correspond to the parental ideal).
Parental authority is indeed temporary, yet parents continue after the majority of their child, the obligation of support. As a result, parents will be solicited during the evaluation of the application, so that the social worker has a better perception of the difficulties encountered, knowing that the placement is an important decision that should not be unmarked
Indeed, the period of adolescence is expressed sometimes as a crisis of the young, which necessarily puts parents in a difficult position.
They feel powerless, questioned in their parental role.
To, their participation assessment and the development of the project that will be put in place, may avoid the conflict is crystallized around the problem with the young, which may lead a sharp break.
It would be experienced by parents as "a break", or even a deep narcissistic injury that may not facilitate the re-establishment of dialogue and communication with their young.
With hindsight, the work done in these situations of investment, leads to the finding that no connection will be a pain for the young at one time or another.
It seems to me difficult to the economy of this work with parents that will perhaps lead to the placement.
But one also finds that there are sometimes other solutions than the placement:
- either a relay by a member of the extended family
- either a homecare with educational support.
He must sometimes demonstrate imagination and flexibility to try to implement other less radical than the investment solutions
CONCLUSION:
The work of the referent: work long-term and patience, it turns out that a heavy problem may may not be lead parents to exceed their dysfunction.
Therefore, it seems important to respect their shortcomings, rather than make them recipients of requirements that they are not able to provide for the moment.
It seemed important to associate Ms. BOCQUIE, psychologist at home the Relais de VITRY who put in place with members of the education team, meetings with parents, whose children are entrusted to them.
Contribution 9 c
WORKING WITH FAMILIES IN THE DEPARTMENTAL HOME RELAY
Corinne BOQUIE, psychologist
Exercising as a psychologist for more than twenty years in the departmental home relay to Vitry, I could attend the evolution of work with families whose children were placed in the relay, either by court action or by administrative action.
I propose a brief historical overview of working with families, in the relay, since 1981.
At the time, interviews with the families were not formalised, it is barely if parents crossed the portal to fetch their children and meet with educators, still less the Director or the psychologist! It is the first form of meeting which was listed officially at the level of the Protocol of admission at this time.
Therefore, before the final admission of the young, a maintenance is proposed in the family, in the presence of the young of the relay team (including an educator, the Chief educator, psychologist) but the external referent, to clarify the reasons for the placement and the issues of the. Indeed, it seems essential to more closely associate the family investment approach, to develop maximum collaboration of the parents with the educational team. This confidence, the most immediate attempt possible, parents vis à vis of the structure of their child home is designed to promote the faster a sense of confidence for the young, to increase the chances of a good adaptation within the home.
Obviously, a young, for which a relationship of dialogue and confidence quickly established with his family, allow more to invest in the relay and to feel well. Cohesion and dialogue between his family and the educational team, promote the development of a sense of security among the young, thus limiting the appearance of a conflict of loyalties.
In the logic of family meetings established at admission, we have established quarterly interviews always involving the external referent in meetings with the family. In these interviews, family issues, personal difficulties of the young are addressed specifically to monitor the young and his family for the project initially posed upon admission and the reason for placement.
In many cases, these interviews helped to work more in depth the relationship of parent to the young, increase development in words what is problematic and which generates a dysfunction of family intra communication.
At other times, listening to each, the movement of the floor allowed the emergence of family problems we bringing to offer direction in external consultation of type family or marital therapy.
With regard to the implementation of therapies for the young, they are prepared in the placement, often put in place during the stay in the relay, in agreement with the family.
In addition to these family discussions, it is apparent more and more necessary to involve parents in support of their child, both at the level of the daily, (accompaniments health, purchases of clothing, meetings with the school etc....) and at the level of community life of the home.
Beyond certain festivals, the project correspondence and exchange with the young people of Burkina Faso, established since 1998, home was an opportunity to set up an association to which many parents have acceded, convinced of the interest of such an exchange for their children.
This experience has led to the establishment of actual exchanges between correspondents. Sometimes a dozen youth relay leave in Burkina Faso to meet their counterparts in a totally unknown context for them; Sometimes these are Burkina Faso who come in the relay, discover the universe of another continent... in the meantime, we have mounted a parallel project to organize an exchange of educators: over a period of 4 to 6 weeks, French educator went to Burkina Faso while an African educator is working in the relay. This fits to a sharing of educational practices, where each can bring something to the other.
On the educational plan, this project interested throughout the House, both young people and their parents. When the Burkina Faso come in the relay, it is an opportunity to holiday where parents are widely associated, in the idea of sharing with the whole House, but especially with their child, in a context of life. At the last coming of correspondents, some parents welcomed the correspondent of their child, a day, see a night at home and it was a great moment rich in memories for each large and small...
Finally, in the field of working with families, we have in place since 1998des meetings of Parents in a spirit similar to that practiced in the hosting educational in Val de Marne (formerly known under the name "La Vie au Grand Air"). These meetings are intended to offer families who wish, a space of speech where the subject of the education of the children can be addressed, discussed, exchanged.
He has appeared quite obviously that some parents were poor with educational problems, and sought not better to invest a place where the floor to circulate. With this in mind, it seemed important to offer a space where freedom of expression would be preferred, to us where an equality would be strict to further develop the "adults" side rather than "professionals-parents". Indeed, are we not all adults and therefore former child? having to do with our own parents? being parents ourselves (or potentially for some educators)?
These questions lead us to a common pole where the subject of the education of children for us. Our own references necessarily are part of our cultural background, and even if specific formations came to support our personal references, our memories, our experience, are present and can also serve as an example... In this atmosphere where various themes to put in scene, the floor exchange, for alliances in every sense. In this Exchange, alliances are possible at all levels, encouraging decompartmentalization "professionals/parents"... Indeed, the themes, more personal examples can illustrate a connection, promoting the expression of other point of view, other memorabilia...
Generally, the spirit of conviviality is voluntarily established, coffee, on Saturday morning at 10 a.m., during that children are in school. It ends with an aperitif during which children join, delighted to share this time in combined adults. Meetings take place on a rate of once every two or three months, and are always followed by a report sent to all parents, so that each associate feels and can join the next.
On the request of the parents, topics may be offered in advance, to allow some to think before the meeting. Also, always at the request of some parents who regularly attend the group, it was decided that parents whose young people return home will be invited throughout the year following the return, to maintain the possibility to attend this floor space for them.
Of course, for (rare) families who come regularly, the invitation can continue on a longer time. For the moment, we are not overwhelmed by a too abundant attendance of parents whose children have returned home. Only, the September meeting has several parents whose children have returned home, but to share a few rare exceptions, it seems a meeting after the return suffice... even if the invitations are addressed during the entire year.
In terms of attendance, on a population of 31 young people (including a few siblings), we receive on average (and fluctuating manner) about 6 to 8 parents of children and 1 in 3 parents of children returned to the home.
At these meetings, some members of the educational team of the relay are always present, namely the socio-educational framework, the psychologist, Director as well as an educator of each group, see more on the days.
The meetings were still held, even in small numbers and we see that the Group has a Faculty of quite surprising self-management that clears our reluctance in the beginning, where we were concerned not be able "to face" to possible difficulties. Today we see that the parents are each in their own way and, according to the State of the day, they will speak or will be listening to the other... parents in conflictual rupture will manage not to come at the same time or can tolerate during this time of meeting... in General, parents who move perfectly know what they come to tap and use this space for quite appropriately.
This form of approach and dialogue has no therapeutic claim itself, well that some evidence would tend to prove the contrary.
This group focuses on what everyone can experience the fact of talk and feel recognized through his word, is to listen to the other and echoing with its own resonances. It seems that for some parents, this friendly place is one of the only places to break their loneliness and their lack of dialogue. Some parents are all amazed to see that they agree with such educator... that they are able to take part in a discussion, they have a point of view and that they were able to express it etc... it is a place favourable to reappropriate the thought.
In this sense, offer some particularly poor parents a space where their dignity as adult passes by their word, can give to these meetings a character otherwise therapeutic, all the less important on the narcissistic plan at the level of the restoration of the image itself.
We can only regret of not be able to mobilize more parents, but we know that for some, the discussion represents a difficulty which will require considerable time to overcome the. Some parents can join in festivals or performances by their child, who is a less threatening way to get a foot in the institution.
Topics as diverse as: "may be regarded as an educational response slap?", "how to manage the outputs of youth, breast of the fireplace at home?",
"pocket money is required? "how learning to young people to manage their spending?", "how to prepare the return home."... themselves, and sometimes returned over the years, over the new parents...
The debates during meetings of parents have influenced the evolution of the educational track at the institution. For example, at the request of parents, he was approached the question of the return to the House, where some parents have regret too brutal cut with the home: "our child returns home at the end of the transfer of July, and after, is finished, it reviews, to talk about the return, how is going back to school...". "We have therefore put in place since September 2002, at the free convenience of parents, maintenance of balance during the quarter following the return of the child to the home, if possible in the presence of the referent outside if it is still mandated to report on the progress of this new organization of life.
Is sometimes the opportunity to adjust certain things, including when it appears that a child is much less autonomous, that he made the whims, that certain behaviour disorders reappear... educator can verbalize her surprise as the child or such behaviour... wonder openly about these differences... open a breach in the discussion, allow the child to explain, see complain also on parental attitudes that deserve to be spoken... it is sometimes the opportunity to reintroduce the interest of therapy for the child (if that) (is not already set up) to he reserve a private outside the family space.
Hindsight is not great, but it is already apparent that the majority of the families concerned responded favourably to the invitation for a meeting. This allowed for one or other of the families, proper use trust established in the placement of their child, to address family difficulties that had never been previously talk... for others, it is an opportunity to express his relief where the return is going better than what they were!
Finally, always in the spirit of improving the work with families and the quality of parent-child relationship, we have built a studio within the institution, to provide a more user-friendly home and visit place. This local, arranged a living room, with a kitchen and sanitary allows parents to see their (child (s) on the location of the placement (when only the right of access is allowed or for parents S.D.F).) Conditions of visits are much more pleasant in this place that is outside the Group of life, and promotes the establishment of a certain relational quality where shares of life can be put in place. It is an opportunity to take a snack together, make a game... it is even possible that some parents are making a meal to share with their child in a day.
Depending on the situation, a professional of the House can be present all or part of the meeting, then acting Ombudsman.
This place is also invested in certain meetings of family.
This is a brief overview of the work that engages with the families, through investment in medium and long stay in the home the relay. We start from the idea that the family is irreplaceable, unique, and that, even if it is necessary sometimes to register a temporary or longer separation in the family studies of the child, it seems essential to teach him to do with the reality of her parents, while associating them up to their child support, to the extent of the possibilities, each situation.
