State ward: placement of a child

Verified 12 May 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The protection of children deprived of their families was the responsibility of the State and the departments. It guarantees their care when they can no longer be raised by their families. How does a child become a ward of the State and how is he/she supported by the Child Welfare (Ase)? We present you the information to know.

FYI  

The status of a ward of the State is to be distinguished from that of a child entrusted to the ESA in the context of a traditional placement (voluntary placement or judicial). In the latter case, parents retain parental authority in principle, while the State ward is placed under State guardianship because of a lasting lack of family protection.

A ward of the State is a minor child whose family protection is no longer provided on a stable and continuous basis.

The minor is entrusted to the department's child welfare service (ASE).

Depending on his age and situation, he can be accommodated:

  • nursery (for young children, especially infants). The nursery is a collective reception place for children under 3 years of age requiring continuous care.
  • or in foster care
  • or in institutions.

A ward of the State may be the subject of an adoption project if it is in its interest to do so.

Guardianship is a legal protection measure that applies when the child is no longer legal representatives.

In this context:

  • The prefect acts as guardian.
  • The family council of the wards of the State takes the important decisions. The family council is a collegial body that validates, among other things, placement guidelines and adoption projects.
  • The Ase ensures the reception and daily follow-up of the child.

A child may become a ward of the State in the following situations:

  • Child of unknown parents (child found or born under X), collected by the child welfare agency (Ase) for more than 2 months
  • Child whose family relationship (we are talking about parentage) is established and known, and which is handed over to the Esa by a person responsible for it other than its parents (for example, guardian, curator) for more than 2 months to become a ward of the State
  • Orphaned child, taken in by Ase for more than 2 months, for which no family member wants or can be the guardian
  • Child entrusted to the Ase for more than 6 months, by one or his 2 parents, to become a ward of the State
  • Child entrusted to the Ase by his parents who were the subject of a total withdrawal of parental authority
  • Child for whom a court order of parental neglect was pronounced (often referred to asquit). Parental neglect is a situation in which parents have not had a relationship with the child for a significant period of time.

When the child is handed over to the service of the Ase, a report is drawn up.

This document states in particular:

  • the circumstances of the child's surrender,
  • known information on its health and origins,
  • possible agreement for future adoption.

This agreement can be given by the parents, a guardian or a family member responsible for the child.

At the request of the parents, the report may also include additional information about their situation, the origins of the child and the reasons for surrender.

From the time the report is drawn up, the child no longer has a legal relationship with his parents and is declared a ward of the State on a provisional basis.

A guardianship is then organized by the prefect and the family council of the wards of the State.

During the period when the child is a ward of the State on a temporary basis, he or she is taken into care by the service of Asia in a transitional framework.

It can be accommodated in a nursery (when young), in a licensed foster family or in a specialized institution.

This phase ensures the immediate protection of the child and adapts his place of life to his needs.

The child receives comprehensive care.

In particular, he shall be entitled to:

  • material and emotional protection,
  • adapted schooling,
  • medical monitoring,
  • educational and social support.

A Children's Project (PEP) is established. The EPP organizes the child's journey and adapts decisions to his evolution.

On the date of the report of the child's declaration as a temporary ward, parents who have handed over their child to the Ase have the possibility to go and find him within a period of 2 months, without any formality.

When it is not the parents of the child who have handed it over to the service of the Ase, the time limit for going to look for it is 6 months. This is the case, for example, where a judicial decision to abandon has taken place.

Beyond these deadlines, the child is returned to the parents only if the guardian (i.e. the prefect) or the family council of the wards of the State accepts it. If the guardian or the family council of the wards of the State refuses, the parents may appeal to the court of law the place where the child was placed.

FYI  

In case of recovery of the child, the services of the department offer medical, psychological, educational and social support to the parent and the child during the 3 years following this recovery.

If the child has not been recovered and the time limits of 2 and 6 months have passed, the child shall be granted the status of a ward of the State by a arrested taken by the president of the departmental council.

This order may be challenged before the administrative court by persons with an interest in acting. This may include, for example, the parents of the child, a member of the child's family or the person who was responsible for the child before his or her admission as a ward of the State.

The maintenance of relations with the family of origin depends on the situation of the child and on the decisions taken by the competent authority.

These links may be maintained where they are compatible with the interests of the child. For example, framed access can be organized in certain situations, in particular when the family bond is not completely severed legally.

A child who has the status of a ward of the State may be the subject of a simple adoption project or plenary.

This project is defined by the guardian (prefect) with the agreement of the family council of the wards of the State.

The child may be adopted by:

  • Host family to which he has been entrusted
  • A person approved by the head of the ESA department.

The child is not adoptable when the guardian (prefect) demonstrates that the adoption measure is not favorable to the child. This is the case, for example, when the guardian decides to maintain ties with the family of origin, in the interests of the child.

FYI  

Until adopted, the child retains the status of a ward of the State. In the event of adoption, it loses that status.

On reaching the age of majority, the young person loses the status of a ward of the State.

He can benefit from support under a major youth contract up to 21 years.

Such support may include the following:

  • Monthly financial assistance: coverage of basic needs (housing, food, transport) depending on the situation of the young person
  • Housing assistance: taking care of accommodation, access to independent housing or home for young workers
  • Educational support: follow-up by a social worker (school or professional integration, administrative procedures)
  • Access to health: support for care and social rights (CPAM, mutual).

The major youth contract is proposed by the department and signed between the youth and the ASE. It sets out the objectives of autonomy.

Several appeals may be brought depending on the nature of the contested decision.

Appeals against a decision on placement or status

According to the contested decision, the competent court may be court of law or the administrative tribunal.

The person who wishes to challenge the decision must draw up a reasoned appeal setting out the reasons for the challenge. This appeal must be lodged with the competent court, either at the court registry or by online service where possible.

The file must be accompanied by all the relevant supporting documents, in particular the contested decision, the minutes and the exchanges with the administration. The judge then examines the case and may, if necessary, arrange a hearing before making his decision.

Appeal against the order for admission as a ward of the State

The order for admission as a ward of the State may be challenged before the administrative tribunal.

The appeal must be lodged within 2 months of the notification of the decision. It is an action for abuse of authority in which the person must set out the legal arguments justifying the challenge, for example an error of law, an error of assessment or a procedural irregularity.

The administrative court then examines the case before making its decision.

Remedies concerning the return of the child

Decisions on the return of the child are subject to the court of law.

The person concerned must send a written request to the judge to contest the situation or to request the return of the child. The judge then examines the family situation as well as the best interests of the child.

A hearing may be held in the presence of the parties before the court makes its decision on whether or not to return the child.

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