What is Open Educational Assistance (OEMA)?

AEMO protects a child without removing them from their family. It consists of an educational intervention conducted with the parents and child by specialized professionals.

The aim of this intervention is to help parents better exercise their educational role and to ensure that the child's basic needs (health, education, emotional well-being, etc.) are respected.

The child remains with his or her family for the duration of the measure, unless an emergency situation leads to temporary placement. Keeping the minor in his or her usual place of residence may be accompanied by certain obligations decided on by the juvenile court, for example regular attendance at a school, care or educational or therapeutic support facility.

The measure is entrusted by the juvenile court judge to an authorized public or voluntary service specializing in child protection.

The educational team (specialized educators, social workers, psychologists...) intervenes:

• at the child’s home,
• in schools,
• or at regular meetings with parents and the child.

The juvenile judge may order an AEMO order in any of the following cases:

• The child is in danger (mistreatment, neglect, violence,...)
• Children have behavioral problems or psychologic distress related to their family environment
• Conditions of life or education may impair the child’s development.

An application for the establishment of an AEMO may be made by one of the following persons:

• Child himself

• Parents, together or separately

• Guardian or caregiver of the child

• Social service (e.g. child welfare)

• Public Prosecutor.

In urgent or extremely serious cases, the judge may take the matter up of his own motion.

The request is made through a request, i.e. a formalized written document enabling the matter to be brought before a court explaining the facts.

The request shall be addressed to the judge children of the court of the home of the person in whose home the child resides.

Yeah. Yeah. The child discernable shall be heard by the judge, save in exceptional circumstances. He may be assisted by a lawyer or represented by a ad hoc administrator.

The duration of AEMO shall be fixed for a maximum period of 2 years.

It shall be renewable if the situation so requires.

The judge may terminate the child’s detention before the child is born if the child’s condition improves.

Yeah. Yeah. Measurement, although done keeping the child in the family, is imposed by court order. Parents have an obligation to collaborate with the measuring department.

If the parents refuse such cooperation or if the child’s situation so requires, the judge may decide to amend the measure, for example by reinforcing the educational support or by imposing new obligations (medical follow-up, psychological support, compulsory schooling, etc.). They may also decide to place the child temporarily in a facility or care facility.

The AEMO measure may be amended or lifted at any time at the request of any of the following persons:

• Child himself (if capable of judgment)

• Parents, together or separately

• Guardian or the person in charge of the child,

• Social service (e.g. child welfare)

• Public Prosecutor

• Or at the initiative of the judge.

Before any change is made, the judge must hear the child and consult with the parties concerned.

Once an AEMO measure is in place, the child’s situation may change. The Juvenile Judge may then be seised again for to adapt the measure : change of educational service, prohibition of departure from the territory, modification of visiting rights, request for end of measure,...

This request shall be made using a form:

Application to the juvenile judge in the context of the follow-up of an educational assistance file

This form must be accompanied by supporting documents (e.g. educational reports, attestations) and must be sent to the court registry where the file is open. This form is used to ask the judge to amend, extend or terminate the measure based on the child’s circumstances.

No, parental authority (i.e. rights and duties vis-à-vis the child) remains exercised by the parents, unless the judge decides otherwise.

Yes, if the situation deteriorates or if AEMO's measure does not guarantee its safety, a placement may be considered.