CHILD ABUSE: REPORT, MODE D'EMPLOI

CHILD ABUSE: REPORT, MODE D'EMPLOI



Child abuse: Report, mode d'emploi

BY MAITRE FITOUSSI (lawyer at the Paris bar)





The weakness of the assessment of the needs of the child and his family were at the origin of Act No. 2007-293, March 5, 2007, reforming child welfare.
This legislation improves the device alert, evaluation and reporting by creating a cell responsible for collection, processing and evaluation of concern information on minors in danger or at risk of being in each Department.
Parliament in 2007: "the goal was cross eyes on a family situation and encourage joint analysis". But reporting is still a case of conscience, the choice of a professional or the Act of courage of a single witness who dares to denounce, report it is take responsibility to evolve a complex family situation which is not master not all jurisdictions but it is also the duty to stop a crime could be aware.
Reporting is sometimes exploited by one parent against the other, to obtain custody of a child to "win" in a proceeding for divorce, but he remains an act of citizenship essential and sometimes vital for those who cannot speak, sealed in his pain and horror of his everyday life: child victims of violence.

I propose a practical help you record to talk about the unspeakable and to react before the intolerable: the suffering of a child.

What is that reporting?

Reporting is one: "objective writing including an assessment of the situation of a minor presumed risk of danger or hazard requiring an administrative or judicial protection measure".
It therefore appears essential to identify accurately and objectively reporting because it is essential for the protection of children who need help or are in danger.

Reporting differs from the information. Indeed, inform is to bring to the attention of teams of professionals (social workers, psychologists, physicians or nursing school..) oral interview (phone) or in writing (mail, fax) the situation of a child potentially endangered (worry about unusual behaviour, observed, made words heard or reported), the report is to alert the authority administrative or judicial, after an evaluation (multidisciplinary if possible) childhood in institutional intervention.

This distinction information and reporting is to provide an administrative response or judicial justified and adapted to the circumstances of the child.
On the other hand, do not forget that abuse agreed broadly not systematically cover criminal offences.

Who must report?

Generally, the law imposes on everyone not to remain silent and to act when he has knowledge of the situation of a child in danger or at risk of being.
Thus, article 434-1 Penal Code obliges anyone with knowledge of a crime it is still possible to prevent or mitigate the effects or whose authors are likely to commit new crimes that could be prevented, to inform the judicial or administrative authorities.
Section 434-3 of the criminal code requires likewise anyone with knowledge of deprivation or abuse or sexual abuse inflicted on a minor aged 15, or a person who is unable to protect themselves due to age, illness, infirmity, to inform the judicial or administrative authorities.
On the other hand, the penal code punishes both the failure to prevent an offence (article 223-6 first paragraph) as well as the failure to rescue (article 223-6 paragraph 2) if these provisions require all citizens, they required with even more force officials of Education pursuant to section 40 of the code of criminal procedure, are required to give notice forthwith to the Prosecutor of the Republic of any crime or offence they have knowledge in the performance of their duties and to transmit this magistrate all minutes and acts which are relative information.
It should be avoided to keep only a worrying situation of child in danger or at risk of being. If needed, all staff of national education will be substantive social or medical services for a technical Council.
Contacts within national Education are school social workers, medical school, ect…In cases of physical abuse, the school doctor or physician, departmental head should be notified emergency for any medical observation.

Who report?

1. At the Président du Conseil GénéralPresident du Conseil Général Department where the child resides.
The transmission of information (s) concern (s) to the General Council (child welfare service cell childhood in Danger) is performed in cases of concern situations of child at risk or suspicion of abuse (without necessarily the facts to be proven).
Cell childhood in Danger du Conseil Général is responsible for the collection, treatment and evaluation of such information. After evaluation, cell child in Danger of the General Council may refer the matter, if necessary judicial authority

2. In the Procureur de la République represented by the juvenile prosecutor at the tribunal de grande instance in cases of extreme seriousness or urgency
Reporting to the Attorney of the Republic is made for emergency situations were requiring immediate protection of minors: proven abuse (with si possible shots finding), sexual violence or sexual violence, suspicion... All personnel de l'Education Nationale à L'origine de the transmission of information (special concern (s) to the President of the General Council or a report to the Attorney, shall inform:
-The principal or head of institution
-The inspector responsible for National Education in riding
-Inspector of the Academy, Director of departmental services
A duplicate of these writings should systematically be transmitted by registered mail marked "confidential" at the Academy Inspector.
The hierarchy overrides to the individual responsibility of those who had knowledge of a crime or an offence (s. 40 of the criminal procedure code).
Departmental technical advisor of the social work students is responsible, under the guise of the Academy, Inspector of the compendium of all alerts from the National Education. These data will allow a statistical reading of maltreated minors situations identified in the educational institutions of the Department.
Departmental technical advisor shall inform the General Council (child protection Mission) reporting to the Attorney.
That report?
All elements that may constitute a presumption or a finding of deprivation or neglect, abuse etc. The author of the report is not required to provide proof of the facts
When a professional is obliged to collect the confidences of a child, it ensures particularly ask that non-leading questions and transcribe verbatim the words of the minor as well as any questions they are following. For writing the words of the child, should use quotes or if conditional. He notes accurately the context and the circumstances in which the child made his revelations. In cases of physical abuse, the school doctor or physician, departmental head should be notified emergency for any medical observation. When a professional is obliged to collect the confidences of a child, it ensures particularly ask that non-leading questions and transcribe verbatim the words of the minor as well as any questions they are following.
For writing the words of the child, should use quotes or if conditional. He notes accurately the context and the circumstances in which the child made his revelations.

How to report?
Writing :
A simple letter containing:
-Coordinates of the person who reported your situation (or profession), your service if necessary, your contact information.
-Coordinates of the minor concerned (identity of the child, age or date of birth, name (s) of the parents, parents address (s))
-A detailed description of the facts (facts observed or reported without value judgment).

By phone (in emergency situations): an alert called by a professional, however, must be confirmed in a writing.
The national green phone is the: 119
119 Is home free national telephone service is responsible for collecting alerts regarding child abuse. It works 24/7 and is intended to both the collection of alerts and listening to people and minors in trouble for their help and advice.
Appeal may remain anonymous and don't appear not on phone bill.

What reporting suites?
-On administratively
Administrative suites include:
-Children abused or presumed such that it is possible to assess the situation and for which the family accepts the intervention of medical services of the General Council
Thus, any child at risk reporting is being assessed by a multidisciplinary team constituency (social worker, doctor etc.).
After evaluation, 4 possibilities are open:
-Ranking without any further in the case where the danger is not proven.
-Monitoring social and/or infant maternal protection
-Intervention as l'aide Sociale à l'Enfance mandated by the Inspector of ESA (educational measures, proposed placement etc.)
-If it confirms that the child is endangered and/or that the family does not adhere to the intervention of the service, Inspector notes the situation of the child to the Procureur de la République
-At the judicial level
Reporting will be a legal twist when a minor starts him even endangered or delinquency (minor in question appears to have been victim of a criminal offence undermining himself in his physical and moral integrity (violence, sexual assault, etc.))
This reporting is sent to the Prosecutor of the Republic du Tribunal de Grande Instance may decide to notify j. of children from the situation.
The judge may then opt for a measure of educational assistance unconfined and designate a person or a service to provide assistance and advice to the family.
It can also make the maintenance of the child into his environment special duties (ex: attend a health institution or education, etc.).
Last resort, the judge may remove the child from its environment and place. But family ties should be maintained wherever possible.
Whatever the measure, parents remain holders of parental authority and can appeal the decision of an alert to the family, the advice and assistance of a lawyer are therefore essential to act.


http://www.Fitoussi-avocat.com/