If the text, examined Tuesday and Wednesday in the Senate, is voted, the use of a family member or a relative confidence will be generalized.
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Focusing family solidarity before the rescue of the state? It is the spirit that animates article 1 of the draft law on the child protection that arrives in Senate Tuesday 14 and Wednesday, December 15th. The text, adopted at first reading at the National Assembly in July, contains several provisions aimed at improving the fate of some 350,000 children concerned by a child protection measure, of which about half are placed. With article 1 er , the legislator is called upon to strengthen the use of a hosting of a long-standing but little used texts: Trusted third parties, it is to say a family member or a person of the nearby entourage.
At present, according to Article 375-3 of the Civil Code, the Children’s Judge may already decide to entrust the child in a danger at home to a close confidence. If the law is voted, it will have to “systematically evaluate” this option, affirmed on 29 September Adrien Tauquet, the Secretary of State to Childhood, before the Senate Committee on Social Affairs. “The French system is very institutional, with three protection circles around the child: the family, the entourage and the protection of childhood protection. In Germany, many children are entrusted to their grandparents” , he raised.
So far, for cultural and historical reasons, magistrates favors investments in institutions (homes, places of life …) or with a host family. Only 7% of children placed outside their home, or about 12,500 minors, are at these famous trusted third parties.
“A revolution on the ideological map”
“Make welcome in a third party The principle is an ideological revolution, it is a very important step towards the disinstitutionalization of the protection of childhood”, points out Flore Caper, doctor in associate public law at Paris-II University. In a comment of the bill published on the legal site Dalloz, it regrets, however, that it only concerns a portion of the relevant receptions. Since the 2016 law, a “volunteer and sustainable home”, during the administrative of trusted third parties, has been created. However, the latter is not even mentioned in the governmental text.
This change of braquet occurs at the moment when the failures of institutions that welcome children are more publicized and denounced – an effect of public speaking of former children placed. It is also part of a general context of great difficulties in the child protection sector, with exhausted employees and a lack of places shouting in some territories. For the departments, responsible for this area, such investments, much less expensive than establishments, represent, in addition, a significant financial advantage.
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