TITLE I – missions of social assistance to children and …
by admin on Mar.28, 2010, under TCM Knowledge
TITLE I – Missions Service Welfare of Children and Family
- Terms intervention
- Beneficiaries
- Mission of prevention and home help
- Mission to protect
- Mission control
- Means
PART II – Prevention and Protection of minors in danger
- Device for centralizing information about children at risk
- The basis of conventional device
- Information professionals and users
- Observation device
TITLE III – rights of families in their dealings with the department of social assistance to children and family
- Right to Information
- Right to decide or advise
- Right to privacy
- Right of appeal
- Right to have his situation reviewed
- Scope
TITLE IV – The home helps
- Competent authority
- Beneficiaries
- Nature
Chapter 1 grants
- Beneficiaries
- Eligibility criteria
- Investigating claims
- Decision
- Payment
- Review
Chapter 2 Intervention by a T.I.S.F. or a homemaker
- Beneficiaries
- Decision
- Funding
Chapter 3 Support educational home
Section 1 Help home education demanded by parents or young adult
- Nature
- Decision
- Exercise
- Funding
- Duration
Section 2 educational assistance at home decided by
J. Child
- Nature
- Decision
- Exercise
- Funding
- Duration
TITLE V – collective action to prevent
- Objectives
- Means
TITLE VI – Actions relating to maintenance and accommodation of children, single mothers with their (s) Child (s) and major
Chapter 1 Financial arrangements
- Funding
- Financial participation of interested
Chapter 2 Supports
- Decision
Section 1 The interim care
- Beneficiaries
- How
- Notification of the action
- Change in how and where home
- Home emergency
- Review of the decision
Section 2 children entrusted by judicial decision
- Beneficiaries
- Duration
- How
- Obligation of serving the welfare
childhood towards the magistrate
Section 3 wards of the state
- Admission
- Use
- Rules for admission
- Modalities of withdrawal and recovery
- The parent bodies
- Operation of the trusteeship
- Obligations of the guardian of the family council,
Service and Welfare of Children
- Financial
Section 4 Home for pregnant women and single mothers
- Beneficiaries
- Reception areas
- Financial
- Duration
- Support for birth expenses
Section 5 welcome young adults and children
emancipated
- Beneficiaries
- Decision
- Contract Home
Chapter 3 Means of welcome
- How
- Instructions for home
- Home emergency child
- Monitoring of minors
Section 1 Home in families
- Approval of childminders
- Recruitment
- Contract Home
- Training
- Compensation
- Home specializes
- Home of young adult
Section 2 Home institutionalized
- Model Home
- Creation – empowerment and control
- Coordination with the welfare
Children
TITLE VII – Adoption
- General
- Conditions
- Procedure for approving applicants
adoption
- Investigating the case
- Mandatory consultation
- Rights of candidates
- Renewal of application
- Decision time
- Duration and validity of the decision
- Continued demand
- Geographical validity of approval
- Placement for adoption
- Control of adoption agencies
TITLE VIII – protection of children placed outside the parental home
- Overall mission monitoring
- Minors entrusted to individuals
TITLE I – FUNCTIONS OF DEPARTMENT OF SOCIAL ASSISTANCE TO CHILDREN AND FAMILIES (article L 221 – 1 from CASF)
Rule 183 – Terms intervention
The President of the General Council is responsible for the organization and operation of the service of Social Assistance to Children.
The President of the General Council or its delegate determines the nature, amount, duration and recipients of aid provided by the department of Social Welfare for Children.
The care of minors entrusted by the judicial authority is pronounced right.
Article 184 – Beneficiaries
The department of Social Welfare for Children provides material support, education, counseling to juveniles, their families, emancipated minors and adults up to age 21 years, faced with social problems that may compromise seriously their balance.
This support is also provided to pregnant women facing difficult medical and financial or social, when their health or that of future child requires.
Article 185 – Mission prevention and home help
The department of Social Welfare for Children takes action to prevent abuse against minors or young adults in conjunction with other services of the Directorate of Family Life and Social Doubs and other public services or private bodies;
It supports parents in fulfilling their responsibility.
In places where the risks arise from inadequate social service Social Assistance for Children organizes collective actions to prevent marginalization and to facilitate the integration or social advancement of youth and families.
Article 186 – Mission protection
When children are in danger and that their parents refuse obviously using them is proposed, the President of the General Council or its delegate shall notify the Prosecutor of the High Court jurisdiction, so that protective measures can be decided.
The President of the General Council shall establish a mechanism to continuously collect information about children abused and respond to emergencies in conjunction with the judiciary and state services.
The department of Social Welfare for Children supports the maintenance costs, education and support for minors who are entrusted. It ensures their orientation with their parents or their legal representative.
Article 187 – Mission Control
The department of Social Welfare for Children control the natural or legal persons to whom he entrusted minors.
This control is exercised on the moral and material conditions of their accommodation to protect their safety, health and morals.
Section 188 – Means
To implement its tasks and without prejudice to its responsibilities
vis-脿-vis the children entrusted to the department of Social Welfare for Children can make use of public or private agencies or individuals authorized.
TITLE II – PREVENTION AND PROTECTION OF MINORS IN DANGER
Section 189 – Disposition of centralization of information on children at risk
(CASF – Article L. 226-3 and L. 226-6)
The President of the General Council of the Doubs has established a structure called “cell reporting”, loaded:
- Of telephone contributing to the departmental level to prevent abuse and the protection of minors abused
- The centralization of reports or collections of information on abused minors or risk
- The organization with other departments of the General Council of the relevant assessment information
- The development and transmission of administrative and judicial reports resulting
- Record of administrative alerts.
Section 190 – Basis conventional device
(CASF – Art. L 226-3)
The cell of the alert, under the authority of the General Council Chairman, is legitimated in its function of single circuit of the alert by a Memorandum of Understanding departmental prevention and protection of children in danger, signed by the Chairman Generally, institutional representatives of the State Department involved in the care of minors, the institutional representatives of the justice and health sectors.
The protocol commits signatories to communities
- Conduct an information system and situation analysis of children at risk
- Improving the procedures of reporting
- Refine the procedures for consultation between the parties and especially between the competent administrative and judicial
- Acquire the material and human resources to achieve the objectives.
Article 191 – Information professionals and users
(CASF – Art. L. 226-5)
The unit of reporting, delegated by the President of the General Council is responsible for informing professionals responsible for the information they learned during the course of their occupation of their follow – data.
On request, she informed the others having informed if a response has been made. In case of referral to the judicial authority, it shall inform in writing the child’s parents or his legal representative.
Article 192 – Operative Observation
Under departmental protocol for prevention and protection of children in danger, the cells of the alert sets up a monitoring system called observatory county child in danger. It consists of the signatories who agree to participate, and by other institutions or individuals invited.
Its role is to analyze the data of observation and operation of the circuit description and information of children at risk and providing guidance.
It meets in plenary once a year at the invitation of President of the General Council. A steering committee is following to monitor the activities of the cell reporting throughout the year. He joins, as appropriate, the assistance of thematic working groups.
PART III – THE RIGHTS OF FAMILIES IN THEIR RELATIONSHIP WITH THE DEPARTMENT OF SOCIAL ASSISTANCE TO CHILDREN AND FAMILIES
(Art. L 223-1 to 223-5 and R223 of CASF)
Article 193 – Right to Information
Any person requesting or receiving social assistance benefits to children is informed by the service conditions for and consequences of this provision on the rights and obligations of the child and his legal representative.
In its approach to service, it may be accompanied by a person of his choice, or not representative of an association.
However, the service can offer a personal interview in the applicant’s interest.
Recipients of social assistance to children or the legal representative of the child have access to their records or administrative documents that supported a decision concerning them. They may, upon request, obtain a copy.
If these documents include medical evidence, this information may be communicated through a doctor or child beneficiary or his legal representative, under the provisions of the Act.
Parents are notified in writing of reports made by the department of social assistance for children at the prosecutor and that affects their child.
Article 194 – Right to decide or advise
When hosting a child is decided by the President of the General Council, no decision on the principle thereof, on his terms, on modes and subsequent reception areas, can be taken without prior approval of legal representative of the child or emancipated minor.
- The minor is consulted for decisions that concern him and his opinion was obtained.
- When one parent has requested to serve the welfare of children, the home of her child, the other parent immediately asked for its views on the care of the child and informed of the arrangements.
- Only the judicial authority may affect the right of visit, accommodation or correspondence with parents.
When the child is entrusted to serve the welfare of children by court order, to the extent possible, written notice of the legal representatives are requested by the department in advance, the choice of how and where Hospitality and any subsequent changes.
Article 195 – Right to confidentiality
Individuals participating in missions of social assistance to children are subject to Articles 226-13 and 226-14 of the Penal Code relating to privilege.
All that was learned, understood, known or guessed the privacy of families for which the service of social assistance to children involved, will not be revealed to anyone outside the service, when the law ‘ requires, authorizes or permits.
The family will then be notified within the statutory provisions.
Article 196 – Right of appeal
Decisions taken by the President of the General Council or its delegate may appeal to the President of the General Council within 2 months following these decisions and with the administrative court within two months after the final rejection of the appeal charge, unless the law provides otherwise.
Article 197 – Right to revise his position see
Except in the case of a judicial decision, no decision aid can be taken for a period exceeding one year. It is renewable under the same conditions.
The service for the welfare of children present at juvenile court judge at least once a year, a report on the situation and development of the child entrusted to her family and, under the dangerous situation that prompted the court
Section 198 – Scope
Institutions and services involved in the missions of social assistance to children in the department are subject to respect for the rights to information, decision, consultation, professional secrecy as defined above.
TITLE IV – AID HOME
Article 199 – Authority competent
(Article 222-1 of the CASF)
Without prejudice to the powers conferred upon the judiciary, the welfare benefits to children are granted by the President of the General Council of the Department where the application is submitted.
Article 200 – Beneficiaries
(Article 222-2 of the CASF)
The service for the welfare of children involved in helping parents in their educational responsibility and, as such, the home help will be preferred.
The home help is given at his request or with his consent, the mother, father or if the person who ensures the effective charge of the child, albeit momentarily, when the health of it , safety, maintenance and education and the demand for cash, if the applicant does not have sufficient resources.
This assistance is also given to pregnant women, emancipated minors and young adults facing social difficulties that may threaten their health or balance.
Section 201 – Nature
(Article 222-3 of the CASF)
Home help includes all or separately
- The payment of financial aid form:
* Emergency Assistance
* Exceptional benefits
- The intervention of a T.I.S.F.
- The intervention service to help home education.
CHAPTER I – FINANCIAL AID
Article 202 – Beneficiaries (Article 222-2 of the CASF)
Financial assistance may be granted by the President of the General Council or its delegate at their request, to families whose resources are insufficient for the maintenance or upbringing of a child.
This assistance is also granted their request, to pregnant women, emancipated minors and young adults facing physical challenges that may threaten their health or balance.
Section 203 – Eligibility criteria
This aid is allocated temporarily on the basis of a report with the applicant by the social worker.
The report reveals the solutions to be implemented to provide solutions to its financial difficulties.
In case of renewal of aid, a summary of activities undertaken will be presented.
This benefit can be substituted, except on an interim basis, a right that the person should make.
It can be paid on condition of repayment.
Section 204 – Processing of applications
Applications for grants are reviewed by the territorially competent social worker.
It must verify the amount of resources and liabilities of the applicant and provide any evidence to assess the situation.
The record reveals the reason for the request and the reasoned opinion of the social worker, he is sent to the secretariat of the local coordinating authority.
Article 205 – Decision
The award decision fixing the amount and duration of assistance is the President of the General Council or its delegate.
This decision is based on:
- The existence of a child, an unborn child or an adult under
21 years in the household.
- The resources of the entire household’s net monthly charges
- Management of these resources
- The mobilization of all human
- The purpose of using
The decision to award or reject the applicant notified.
The rejection was motivated delays and remedies are given to the person.
Section 206 – Payment
The aid is not transferable and elusive.
The aid is paid to the plaintiff major or emancipated.
However, if the applicant wishes, this aid is paid to a creditor in support of issuing the invoice.
At the request of the beneficiary, the aid may be paid to any person temporarily responsible for child
When the juvenile court judge, or the guardianship judge has decided a measure of supervision or protection, the benefit is paid to the guardian.
Article 207 – Revision
The aid is reduced, suspended or removed if the person or household who has sought help, find appropriate resources, or if assistance is not used in connection with the proposed purpose.
CHAPTER II – INTERVENTION OF T.I.S.F. OR HOUSEHOLD HELP (ART.222-3 OF CASF)
Article 208 – Beneficiaries
A T.I.S.F. or exceptionally, a homemaker may intervene in their application to pregnant women or mothers facing difficult medical and social after exhaustion of rights available to the family allowance fund or fund primary health insurance, or with parents facing educational difficulties to prevent separation of children from their families or to facilitate his return.
Article 209 – Decision
The decision to intervene is made by the President of the General Council or its delegate on the basis of a written agreement of the family.
Item 210 – Financing
An endowment of operation will be paid on the decision of the President of the General Council each association of aid or at home.
A financial contribution may be applied to families.
CHAPTER III – EDUCATIONAL ASSISTANCE TO ADDRESS (art.222-3 CASF)
SECTION 1: EDUCATION HOME HELP REQUESTED BY THE PARENT OR THE YOUNG MAJOR
Section 211 – Nature
This measure is for parents to help them in their educational responsibility, and child to help them become independent.
It is implemented:
* When parents accept or request such assistance.
* When the health, safety, morals of a child or the circumstances of his education are compromised.
* When given the gravity of the danger to the child, this aid is sufficient to limit the effects.
This assistance may also be requested by an emancipated minor, or a young adult under 21 years to allow him access to autonomy.
Article 212 – Decision
(Article 3 – Decree 85-936 of August 23, 1985)
Educational aids at home are determined by decree of President of the General Council or its delegate, in view of a social report and the request or with the written consent of the legal representative of the child, emancipated minor or major.
The form on which they collected written agreement states:
* The nature and duration of the measure.
* Names and titles of persons responsible for monitoring the extent and conditions under which they exercise.
* Review the terms of the measure.
Section 213 – Exercise
The measures of educational support at home may be exercised by public or private empowered.
Item 214 – Financing
The department provides its own implementation of the service of educational assistance at home.
Article 215 – Duration
The duration of support is decided by the President of the General Council or its delegate in accordance with the legal representative of the child, emancipated minor or major.
This period may not exceed one year.
It may be renewed under the same conditions and in light of a report that shows the balance of activities and actions to implement.
This assistance may be terminated by either party if the conditions that led to the request no longer exist or if such assistance is insufficient to limit the danger to the child.
SECTION 2: EDUCATIONAL ASSISTANCE TO ADDRESS DECIDED BY THE COURT OF CHILDREN
Section 216 – Nature
(Article 375 and 375-2 CC)
The juvenile judge may order a measure of educational assistance (referred to as educational activities open) when the health, safety or morals of an unemancipated minor is in danger or if the conditions of education is seriously compromised. ” br />
The department designated to perform the measure will be responsible for providing assistance and advice to families and monitor the development of the child.
Article 217 – Decision
The measure of educational assistance at home is determined by the juvenile court judge.
The father, mother, guardian, person or service that has been entrusted the child, the minor, the Prosecutor may require.
Section 218 – Exercise
The measures of educational assistance at home can be exercised by public or private empowered.
Section 219 – Funding
Funding for this measure is provided by the department.
The President of the General Council or its delegate shall support.
Article 220 – Duration
The duration of this measure may not exceed two years.
It is renewable.
TITLE V – THE COLLECTIVE ACTION FOR PREVENTION
(art. L 221-1 of the CASF)
Section 221 – Goals
In places where the risks arise from social maladjustment, the department participates, in conjunction with state, local and private agencies or groups concerned, actions to prevent the marginalization or facilitate the integration or promotion social youth and families.
These actions include:
- Actions designed to enable interested parties to ensure their own care and their social
- Preventive measures with special youth and families in difficulty or at odds with their environment
- Measures of socio-educational
Section 222 – Means
For these preventive measures, the president of the General Council authorizes public agencies or private.
Steering committees by determining the common objectives for these
organizations; financial resources are allocated by the department in conjunction with other institutions.
PART VI – ACTIONS FOR MAINTENANCE AND HOSTING OF THE CHILDREN OF ISOLATED MOTHERS WITH THEIR CHILDREN AND YOUTH MAJOR
CHAPTER I – FINANCIAL PROVISIONS
Item 223 – Financing (Article 222-5 of the CASF)
The department supports under social assistance to children, except expenses resulting from investment in facilities and services of the Judicial Protection of Youth, maintenance costs, education and d ‘accompanying each child
- Entrusted to serve the welfare of children.
- Entrusted by the judicial authority to individuals, institutions or public or private services authorized.
- Or which occurred a delegation of parental authority.
The department supports the expenditure of accommodation, accompanying pregnant women or single mothers and their children aged under three years.
The department funds the cost of maintenance, education and support to major in terms of a contract document prepared with the middle finger.
Article 224 – Participation of interested financial
Without prejudice to judicial decisions, a contribution may be applied to parents and relatives of a child supported by the service of social assistance to children.
This participation can not exceed 50% of the monthly calculation of family benefits.
In addition, when family allowances payable to the family or the children entrusted to serve the welfare of children are made to this service, the amount is deducted from the financial contribution required.
CHAPTER II – TAKING IN CHARGE (article 222-5 of the CASF)
Article 225 – Decision
Children are supported by the service of social assistance to children for all their needs.
This support is subject to a decision of the President of the General Council or its delegate. This decision may not exceed one year.
SECTION 1: TEMPORARY HOME (article 222-5 of the CASF)
Article 226 – Beneficiaries