How did the juvenile judge intervene to protect a minor in danger?

Situations that justify the intervention of the judge

The intervention of the judge must be requested when one of the serious risks the following affects the minor:

• His physical health

• Mental or psychological health (for example, behavioral disorders)

• Physical security (e.g. violence)

• Physical security (e.g. precarious housing)

• Morality (e.g. exposure to delinquency)

• His upbringing.

Persons who may refer the matter to the judge

The following persons may appeal to the juvenile judge:

• Child himself
• Parents of the child acting together, or one of them acting alone
• Guardian or foster family of the minor or any other person in charge of the child
• Child Welfare (Ase) or any other service responsible for children
• Public Prosecutor, who is usually notified by the department or any witness officer of an offense committed against or by the child.

Procedure for requesting the intervention of the judge

The request for intervention of the juvenile judge must be made via a query filed in the court of the domicile of the parents or foster family, the guardian or any other person or service having charge of the child.

Follow-up and family support measures

The children's judge shall, to the extent possible, keep the child in the family.

It can designate a qualified person or a specialized service to help the family.

The qualified person is responsible for accompanying the child and his family on a daily basis. She provides educational advice, personalized support and can refer the family to appropriate services.

The specialized service must provide social and educational support to the family to ensuring the health, safety and education of the child.

The child may also benefit from psychological support.

When the child is followed by a specialized service, he can be accommodated there exceptionally or periodically (1 week per month for example).

The judge may make the child or his parents subject to compliance with certain obligations. They can be:

• Attend school (be enrolled in a health or educational institution, including boarding school)
• Engage in a professional activity by the child, if of working age
• Respect psychological or medical follow-up.

If the child is followed by a specialized service, the measure may last 2 years maximum, renewable 1 time.

If the child is followed by a qualified person, there is no maximum duration.

The judge may also order a assistance in managing the family budget, the purpose of which is to restore the financial autonomy of the family or home-based educational assistance whose purpose is to restore the bonds between the parents and the child.

Open Educational Assistance Measure (AEMO)

The judge may also order open educational assistance (AEMO).

This measure allows intervention with the child and his parents without separating them, through enhanced educational follow-up at home.

It is implemented by a specialized service and aims to help families solve problems that put the child at risk.

The duration is fixed by the judge (up to 2 years, renewable), depending on the situation.

Placement Measure

The children's judge may decide on a placement measure in the most serious cases.

This measure does not withdraw parental authority to the child's parents.

This measure is fixed for a period of 2 years maximum, renewable 1 time.

However, it is possible that the measures may be ordered for a longer period if the family situation so requires.

Parents can get a rights of access.

The costs of taking care of the minor must be paid by the parents, unless the judge decides otherwise.

Exit ban measure (IST)

In certain situations, the judge may temporarily restrict the child's ability to travel abroad to ensure his or her safety.

The children's judge may order a exit ban (IST) in parallel with another educational assistance measure. This may be the case, for example, when the child is placed with the other parent.

Thus, the child will not be able to leave France without the authorization of the judge. Her two parents' agreement won't be enough.

The exit ban is issued for a maximum period of 2 years.

Family mediation measure

The children's judge may order family mediation as part of the educational assistance.

The children's judge must inform the parents about the support mechanisms put in place by the department, and from which they can benefit. These include:

• home help,
• reception in a parental center.

In order for family mediation to take place, the following two conditions must be met:

• This measure must be accompanied by another educational assistance measure (e.g. placement of the child in foster care)
• Parental consent is required.