HORS LA RUE

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Comparation of the legislation

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Act No. 2007-293 of March 5, 2007

• In 1989, the criterion of abuse has emerged.

• The Act of March 5, 2007 retains a common criterion for administrative and judicial

protection, that of the child in danger or at risk of being in.

I. Definition of "child in danger or likely to be."

The minor in danger must be understood within the meaning of section 375 of the Civil Code, that is to say that health, safety or morals are endangered or whose conditions of education or physical, emotional and intellectual and social severely compromised.

The child potentially at risk is a child who knows the living conditions that could endanger their health, safety, morals, education or maintenance, but not for much abused.

II. Administrative Protection: the central device (Articles L. 226-1 and following of the Code of Social Action and Family).

1. The transmission device information of concern.

The President of the General Council (niveau départemental) is at the center of the circuit for transmitting information about the minor concern in danger or at risk of being. People who implement the policy of child protection provide the information.

The purpose of the new provisions of the Act of March 5, 2007 is to allow the president of the council to know all the children in difficult situations in the department.

2. Administrative protection measures.

The administrative protection measures are decided by the President of the General Council following an evaluation committee and conducted by the

department of Welfare of Children in conjunction with maternal and child health (PMI) and Multipurpose Social Service Sector (PSS). The father, mother, any other

person exercising parental authority or tutor shall be informed, unless that information is contrary to the interests of the child, especially if it endangers.

The administrative protection measures normally requires the agreement of the legal representatives of the minor. These safeguards may include minor children

(under 18) but also major under 21 who are experiencing difficulties that may seriously compromise their balance.

III. Legal protection : an alternative mechanism (Articles 375 to 375-3 of the Civil Code).

1. The actors

• Children's judge: article 375 and following ones of the Civil code.

• Public prosecutor: article 40 of the Code of criminal procedure.

2. The measures of educational assistance (audience).

• Conditions of implementation and guiding principles

• The rights of the minor in the procedure

• Are in accordance with the article 12 of the International Agreement one the Rights of the Child These measure.