The national fund for the protection of children

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The national fund for the protection of children

Publication date: Monday, January 4, 2010

Act 2007-293, 7 March 2007 on the reform of child protection has transferred the jurisdiction of social protection and social assistance to children in the departments. But the non-publication of the order of application of this law deprives communities of financial compensation for expenses arising from this transfer.



Including in the field of the protection of the State provides funding for several important devices within its jurisdiction, including networks help and support to parenting, the public interest group "Child in danger" which deals with such appeals of 119, and hotline for children in danger.



But Act 2007-293, 7 March 2007 on the reform of child protection has transferred the jurisdiction of social protection and social assistance to children in the departments. This extension of powers generates a financial cost for them that Parliament has taken into account by creating in article 27 of the above text a National Fund for financing of the protection of children in the National Fund of family allowanceincluding "the purpose is to compensate for expenses arising for the departments of the implementation of this act according to criteria and procedures laid down by Decree."



To date, this Decree was not published. Its non-publication, two and a half years after the publication of the law, deprives the departments of the allocation of EUR 30 million which was to be equipped with this Fund while General advice have applied the law and implemented the measures defined by the legislature.





To remedy this situation, the Council of State, in a judgment of December 30, 2009 ordered the State to publish the decree creating the national fund for the protection of children provided by the Act of March 5, 2007, reforming child protection within a period of four months. General advice (including those of Seine-Saint-Denis, Saône-et-Loire, Alpes de Haute Provence, but also Val-de-Marne, Charente, Haute-Garonne, supported by the President of the ADF) are so successful.



The Council of State has indeed decided to annul the implied decision of the Minister of labour, social relations, family and solidarity refusing to propose to the signature of the Prime Minister the regulatory measures that implies necessarily the application of article 27 of the Act of March 5, 2007 and the decision of the Prime Minister on June 23, 2009 refusing to enact these measures.


It is also directed to the Prime Minister to take regulatory measures that necessarily implies the application of article 27 of the Act of March 5, 2007, in accordance with the reasons of this decision, within a period of four months from the notification thereof, under penalty of 500 euros per day of delay.


In addition, the State is ordered to pay a sum of EUR 100 000 to the Department of Saône-et-Loire. The State shall pay in addition to the departments of Saône-et-Loire and Seine-Saint-Denis a sum of EUR 3 000 each to the title of the article l. 761 - 1 of the code of administrative justice.




The national child protection fund is intended to provide additional funding to the departments in the field of the protection of children which is a jurisdiction of general advice since the laws of decentralization on 22 July 1983 and January 6, 1986. It would be agreed by the State and the national family allowance Fund "under the conditions provided by the Finance Act and the Act of financing of social security of the year".




Without waiting for the decision of the Council of State, the President of the Republic had nevertheless requested the Government, November 20 at the time of the international day of the rights of the child, to study with active associations for the protection of children's formulas to achieve the objectives of the Fund.


The Government ensures that the Councils should naturally be associated with this reform, which they call their wishes, and to be conducted within the time prescribed by the decision of the Council of State (3 months). The Government will propose legislative and regulatory changes that would be, if any, required.