Cadre Legal Protection De L`enfance

The mission of child protection is a singular political object made up of strong tensions that would require assertive but evolving symbolic frameworks. In France, there were nearly 306,800 measures for the protection of minors at the end of 2018, an increase of 3% compared to 2017, mainly due to the increase in the number of unaccompanied minors (UMN). For 53% of them, these were mediation measures and for 47% educational measures (material and educational support for minors and their families or young adults). Departmental councils leading the child protection policy spent €8.3 billion on child protection policy in 2018, or 21% of their social assistance expenditure, according to an overview by the Directorate of Research, Studies, Evaluation and Statistics for 2020. Internships, especially in institutions, account for about 80% of departmental costs. A dossier published in October 2020 by the Ministry of Solidarity and Health also takes stock of this first year of implementation of the national strategy for the prevention and protection of children around four points: The Ministry responsible for child protection is the Ministry of Social Affairs and Health. The redefinition of child protection missions as a policy of local social action, whose causes and responses lie in socio-economic living conditions and their improvement at the local level. The provision of housing, employment, the strengthening of family and neighbourhood solidarity, the support of public services and associations in a local social development policy would be the keystone of the decentralised child protection policy. The Child Protection Service has three main actions: In this context, in January 2021, the Secretary of State for Children and the Family announced an upcoming law aimed at: the misuse of child protection thus makes it possible to resolve organizational tensions related to non-compliance with the decision-maker principle. This report updates the Project for the Child (PEP). This flagship of the 2007 law defines the objectives and means of supporting the child. With the 2016 law, it becomes the global reference document developed for every minor benefiting from an ASE benefit and must accompany him throughout his journey under the protection of children. It was developed in consultation with parental care holders as part of a multidisciplinary approach and includes a medical and psychological assessment of the minor.

In order to facilitate the work of the services and harmonize their practices, a material reference framework was the subject of a decree published on September 30, 2016. “4 ° formulate proposals and opinions on the implementation of the child protection policy in the department.” The Observatory of the Department of Child Welfare includes representatives of the services of the Departmental Council, the judicial authority of the Department, other State services, as well as representatives of all the services and institutions of this Department that participate in or assist in the protection of children, and representatives of associations dealing with the protection of children and the family. “The Observatory of the Department of Child Protection compiles statistics which are brought to the attention of the Departmental Assembly and transmitted to the representatives of the State and the judicial authority. It is the main service responsible for child protection. Regulation 58-1301 of 23. December 1958 on the protection of vulnerable children and young people The crisis of the care of unaccompanied foreign minors continues to affect this bi-member organization of the child protection system by hardening the positions of each individual, organizing competition between departments and testing the concept of territorialization of child protection, on which the responsibility of the departments rests. It has 82 members divided into different colleges: 24 represent the competent institutions, communities and administrations, 23 for civil society and associations, 13 for professional associations, 5 members for training bodies and 17 qualified persons working in the field of child protection[13]. The legislator abolished the concept of ill-treatment as a definition of a danger which obliged the Ministry, under the Law of July 1989, to refer the matter to the Public Prosecutor`s Office. (Can we eliminate the problem by refusing to name it?) The third pillar of the Pact on Children, which aims to improve the situation of protected children and guarantee their rights (to health, education, emotional security, autonomy after the age of 18), is the subject of the national strategy for the prevention and protection of children. This strategy, in place since January 2020, aims to ensure that the Defender of Rights, for its part, recommends in its 2020 report on the rights of the child to better take into account the voice of the child. With regard to child protection, he regretted the reluctance of many professionals to involve young people in decisions that affected them.

PEP is not performed systematically, and if this is the case, the child does not appear to be fully involved in the construction. The Defender of Rights recommends that the authorities take better account of the child`s voice at each stage of his or her care and in childcare facilities. By entrusting the departments with the child protection mandate as a barely concrete declination of the social mandate, the legislator has neglected the sovereign dimension of child protection and, in particular, the mandate of protection in situations of violence, absence and serious neglect. The Departmental Council implements child protection tasks[1]. To remedy this, the 2016 law establishes a National Council for child protection (CNPE), affiliated with the Prime Minister. The role of the CNPE is to promote the coordination of child protection actors (judicial services, departments, child psychiatry, etc.). It proposes to the Government guidelines for the protection of children in order to develop a national strategy. Article 1 of this Law lays down the tasks of protection; “The purpose of child protection is to avoid difficulties that parents may encounter in the exercise of their parental functions, to accompany families and, where appropriate, to ensure partial or total care for minors in a manner adapted to their needs.” The consensus approach to children`s basic needs for child protection introduced by the government in 2017 has maintained the principle of a common cross-cutting national reference framework and specifications for its development and implementation. “2 ° On any evaluation of services and facilities active in the field of child protection and in accordance with Article L.

312-8 to be informed; On the basis of a bill presented by two senators, Ms. Dimi and Ms. Meunier, the government organized a broad consultation to reach a consensus on the importance and organization of child protection. “1 ° Collection, investigation and analysis of data on the child at risk in the service, in particular with regard to anonymous information provided under the conditions provided for in Article L.

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