Child protection: here again, easier to create walls that build bridges...

Child protection: here again, easier to create walls that build bridges...

· By jacques - louis .colombani on 26/02/08

· Last comment added 4 months ago

Act No. 2007-293 on March 5, 2007, reforming child protection, is not made really for lawyers and the contradictory *.



Do not be surprised in that context that it was the subject of few comments on this side of the bar *.



We had mentioned the risk of a contradictory that goes more and more away from procedures which relate to children in danger.



Decree No. 2002-361 15 March 2002 amending the new code of civil procedure relating to educational assistance may seem today exceeded in the role of counsel in the process of educational assistance and support of minors.



Now, with a displayed decompartmentalization objective, it is the President of the General Council which is responsible first on the subject.



The General Council is a political entity which provides policy guidance to the associations.



Social workers take important decisions for the future of children, and we will discuss how this is consistent with the exercise of parental authority, often in a context of deficiencies and emergency...



Some parents live intervention policies and as social workers, if not an insult, at least an intrusion in their lives.



Read the testimony of Mr. DARBES on a non-place in educational support.



Of course, the double device administrative and judicial persists, it is possible to espèrer a return to the balance of the adversarial which would be consistent with international conventions on the protection of the child.



This should be modify the Decree of 2002 to fit the new text of 2007?



Allow lawyers to be informed as the families of the conduct of the measure and provide more regular judicial appointments would be a good thing, it would avoid may be let to cristaliser sometimes situations of double conflict of loyalties which the child may suffer...



* P. Verdier, the act reforming the protection of the child, progress on protection, a decline of rights, JDJ-RAJS, no. 265, May 2007, p. 22; J.-p. Bichwiller, A compromise text? JDJ-RAJS, no. 266, June 2007



* F. EUDIER, P. CHAMBONCEL-SALIGUE, Rev. Jur. comm. & fam., 2007 - n ° 11 - reform of the protection of the child: the challenge of cooperation