THE PLACEMENT OF CHILDREN (Better know its rights: sheet A16

THE PLACEMENT OF CHILDREN (1)

Better know its rights: sheet A16

article in its original language




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THE PLACEMENT OF CHILDREN

(S.) L. 223-2 and s of the Code of social action and family, s. (375 and s. of the civil Code, amended by Act n ° 2007-293, March 5, 2007)

The purpose of an investment is to enable children with difficulties in their families to benefit from a stable environment, while maintaining links with their parents.

In the placement of a child, the latter may be assigned:

> to the social assistance to children (ASE);

> in the foyer of the judicial protection of youth;

> either to a service or a health institution or education, ordinary or specialized.

> be a trustworthy person (that you can offer yourself: Member of the family, neighbour, friend).

The judge decides the terms of the home of the child, consideration of the interest, particularly as regards the place of the child: the latter as far as possible must facilitate the exercise of the right of access and accommodation by parents and the maintenance of links with the brothers and sisters. However if the interests of the child requires, or in the event of danger, the judge may decide the anonymity of the place.

What are the different types of investments?

It may happen that your child be a measure of placement outside the family home.

This can be:

> your request: referred to as voluntary placement measure;

> at the request of your child;

> because someone felt that he was in danger and warned the DUT or the children judge: referred to as judicial placement.

= You ask yourself the placement: it is the voluntary placement

If (hospitalization, pregnancy, fatigue, séparation…) you may decide to temporarily put your child to support herself or her education.

►► In this case, you must contact your social worker or ESA.

If there is (such as a hospital) ESA must respond as quickly as possible. If the service has not responded within 2 months this amounts to a refusal. You can then exercise recourse:

> a graceful action : that is a letter addressed to ESA, in which you express the reasons of your disagreement with the decision; > and / orhierarchical remedy (or administrative procedure, both optional exercise within 2 months): addressed to the President of the General Council.

> and / or contentious appealto the administrative tribunal in the event of rejection (within 2 months of the dismissal of the administrative procedure or, if not the first decision).

It is best to send your mail by registered letter with acknowledgement of receipt (LRAR). You can then be included on your mail marked "LRAR."

ESA officials are studying the reasons which led the family to apply for the placement of their child (s). To the extent possible, ESA will try to find alternatives to avoid the placement. It must be the written agreement of both parents for placement, except emergency and unable to give.

Your child must be placed as near you so that you can make him visit. If this is not the case, ask that it be near your home as soon as possible.

If you have several children, the Act provides that "the child must not be separated from his brothers and sisters, except if it is not possible or if his interests an alternative" (civil Code, art. 371-5). If your children are placed in different places, the ASE must help you for the cost of transportation.

ASE may take any action on your child for a period exceeding 1 year. Whenever the ESA plans to take action about your child, it must notify you by registered letter with acknowledgement of receipt. Reply in writing or move you to the service.

(!) Attention : If you do not respond within a period of 4 weeks after receiving the letter, ESA considers that you agree with the measure taken (indeed, administrative law, silence is often acceptance). A change of address, contact the ASE.

ESA is required of convene you at least once a year to review the situation with you. If you did not receive, take the initiative to go yourself to the DUT. You always have the right to accompany a person of your choice when you come to the ESA.

Each year you decide to continue or not the placement of your child. If you wish to return home, ESA will verify that you can ensure your obligations to your child. If it considers that it is not possible, you must agree further placement. In this case, the ASE must justify its decision.

= The placement of short duration or periodical established by Act of March 5, 2007

The Act of March 5, 2007, reforming child protection has introduced two new methods of educational intervention with the minor and his family:

> exceptional or periodic accommodationby the Education Department responsible for the measurement of educational action in the workplace opened. This type of short-term placement takes place when the judge has prescribed an educational action in an open environment (Art. 375-2 of the civil Code). Whenever it hosts the minor under this authority, service notify without delay the parents and the children judge and the President of the General Council. The judge is any disagreement about this accommodation.

> placement in an institution authorised for minors to the day(S.) L 224-4-2 of the Code of social action and family). The President of the General Council may decide that ESA or power service, welcomes the child, for all or part of the day, in a place located, if possible, near his home, to provide educational support.

= The investment decision

If a person informs the social services that your child is in danger:

> without your consent the ASE can intervene only if the child has been abandoned and it is allowed to keep the child only 5 days.

> 5 days the ASE has a duty to capture the Attorney of the Republic, which prevents the children judge.

In any case ESA is allowed his only head to place your child against your will, even in an emergency. A decision of the judicial authority (the Attorney or judge of the children) is necessary.

If the judge decides to place your child should receive you within 15 days. If you are not called within 15 days you can pick up your child. The same is true if the ASE was not before the Attorney within the time limit.

= If you are summoned by the judge for children [see also fact sheet A15]

You must go to this meeting.

Are you assisted by a lawyer. The child, if it is capable of discernment, can also take a lawyer, different from that of his parents. It is important to calmly explain your point of view.

The judge will then instruct the folder. He would probably conduct an inquiry to be better informed about your situation.

At the end of the trial judge rendered his decision:

> isit places not the childand takes no measures of educational assistance, recognizing thereby that the child is not in danger;

> is it decides to implement measures of educational open assistanceif he thinks instead that the conditions of child development are compromised.

He can decide on the maintenance of the child in its family under certain specific conditions, such as: the requirement to regularly attend a health institution or education, possibly under the regime of the boarding school or to exercise a professional activity (civil Code, art. 375-2).

> is it places the child from his family, if he considers that the child is in real danger.

(!)You can appeal the decision of the judge of children within a period of 15 days from the day where you received your copy of the decision. It is advisable to consult a lawyer [see sheet H4]. The child can appeal.

The measures taken by the judge of the children are always temporary: judgments are reviewed periodically, except as introduced in 2007. When the parents are "relational difficulties and educational serious, severe and chronic (…), permanently affecting their skills in the exercise of their parental responsibility", a measure of home may be ordered for a period exceeding two years, to allow the child to benefit from relational, emotional and geographical continuity (Art 375 of the civil Code)

(!)However, "for placement for a period exceeding two years, the children judge convenes, those involved at least every three years." (Code of civil procedure, art. 1200-1).

In addition, if you believe that your situation is improved, you can ask the judge to change his decision and even allow your child to return home: decisions on educational assistance can be, at any time, edited or deleted by the judge, on his own, on request of the parents or the child himself.