Placement of a child by court order

Verified 20 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Would you like to know in which cases the judge can decide to place a child in danger, that is to say remove him from his family environment to protect him? For example, a child left to fend for himself or for whom a report was made by a neighbor, a friend, school or child welfare (CSO)?

We present information on the placement procedure, its consequences for the child and the duration of the placement.

The placement of a child is a exceptional protection measure.

It is taken by the children's judge where the court considers that keeping the child in his or her family environment exposes him or her to danger.

The judge may decide to place a child where he or she considers that too great a risk weigh on him or on theone of the following points :

  • Its physical health
  • Its mental or psychological health (behavioral disturbances...)
  • Its physical security (precarious housing...)
  • Its morality (exposure to crime...)
  • Sound education

The placement measure may be taken at the same time for several children of the same family. In this case, the judge must take care not to separate them and to place them together. However, this decision must not be contrary to the best interests of a child.

One health check and prevention must be carried out when the minor enters the child protection system.

FYI  

the investment measure is part of what we call educational assistance.

The children's judge may intervene at the request of :

  • Public Prosecutor
  • Parents (separately or together)
  • Person or institution to whom the child was provisionally entrusted by child welfare (Ase)
  • Child himself

The children's judge may also decide to intervene on its own.

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 of the court of the domicile of the person with whom the child resides.

Who shall I contact

As soon as proceedings are opened, the judge must inform the following persons:

  • Public Prosecutor
  • Parents, person or institution to whom the child has been entrusted (if they are not the source of the request)

During the proceedings, the judge must summon the following persons:

  • Parents
  • Person or institution to whom the child has been provisionally entrusted
  • Child (if he is discernable)

The judge orders any information measure on the personality and living conditions of the child and his parents (social survey, medical examinations...). We're talking about investigative judicial educational measures.

FYI  

the parties may choose a lawyer or ask the judge appointed by them to appoint one ex officio.

Who shall I contact

General case

The judge must receive the parents (or guardian), the person or representative of the service to whom the child has been entrusted, and the minor before any decision is taken.

At the hearing, the judge conducts an individual interview with the child if he or she is capable of discernment.

In this case, if it is in the best interests of the child, the judge may request that the child be assisted by a lawyer.

If the child is unable to speak on his or her own, the judge may request the appointment of a ad hoc administrator.

The judge may hear any person.

The judge must always strive to gain the family's support for the proposed measure and rule only in the best interests of the child.

Whenever possible, the minor must be kept in his or her present environment.

The judge may decide to entrust the child to one of the following persons or institutions:

  • Other parent (if the child did not have habitual residence at home and is not in danger)
  • Family member other than parents (a neighbor, known friend, or trustworthy third party)
  • Departmental Child Welfare Service (Ase), which places the child in foster care or in a specialized facility
  • Service or establishment authorized for the sequential reception of minors (for example: by the day, 2 times a week)
  • Sanitary or educational service or facility (e.g. health and social nursery, hospital)

The decision must be notified to the parties within 8 days.

In case of emergency

In cases of urgency and without waiting for the end of the proceedings, the juvenile judge may issue an interim protection measure.

It may decide to entrust the child to one of the following persons or institutions:

  • Departmental Child Welfare Service (Ase), which places the child in foster care or in a specialized establishment
  • Called Structure place of life (small specialized facility to receive adolescents at risk)
  • Other parent (if the child did not have habitual residence at home and is not in danger)
  • Family member other than relatives (to a neighbor, known friend, or trustworthy third party)

The judge must hear the parties no later than 15 days after his decision.

The judge may also request the intervention of an educator in the family or in the service or in the person to whom the child has been entrusted.

The public prosecutor may take the same interim measures as the judge. In this case, he must bring the case before the juvenile judge within 8 days of the temporary placement. The children's judge must then hold a hearing within 15 days of the request to intervene.

The judge's decision must be notified to the parties within 8 days.

FYI  

The judge may pronounce cumulatively the placement of a minor on child welfare (Ase) and an open educational measure. In this case, the child is not placed in a center, he is followed by an educator or by a foster family.

However, he can do that only where the situation and the interests of the child so warrant, on written requests from the public prosecutor.

Who can appeal?

This call can be made by:

  • Parent(s) or lawyer
  • Guardian of the child (if appointed)
  • Child himself
  • Person or department to whom the child has been entrusted
  • Public Prosecutor.

How soon can you appeal?

The decision of the juvenile judge may be appealed within 15 days of notification.

The appeal must be brought before the Juvenile Chamber of the competent Court of Appeal.

Who shall I contact

The investment measure lasts Maximum 2 years.

It can be renewed several times by reasoned decision.

Exceptionally, if parents have severe, severe, and continuing educational difficulties, placement in a service or institution may be pronounced for a longer period.

When the Ase department plans to change the child's place of placement, it must inform the judge at least 1 month in advance.

In case of emergency, the location of the placement may be changed by the ESA service, which must then inform the judge within 48 hours. The service must justify its decision, particularly if it is considering separating a family.

In order to do this, the child himself, his father or mother, his guardian or the person to whom the child has been entrusted must submit to the juvenile judge a request as part of the follow-up of the child's file.

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

Parental authority

Parents exercise all attributes of parental authority which are not incompatible with the measure.

However, the person or institution to whom the child is entrusted may be exceptionally authorized by the court to perform an act of parental authority in the event of an abusive or unjustified refusal by the parents or negligence by the parents.

Parental authority may also be withdrawn entirely from parents in the event of a lack of interest in their child.

Visitation and accommodation rights

The choice of the place of reception must facilitate the right of access and accommodation by the parent(s) and the maintenance of the child's ties with his/her siblings.

If the child has been entrusted to a person or institution, his or her parents retain the right of correspondence and the right of access and accommodation.

The judge shall lay down the conditions and may, in the interests of the child, decide that:

  • his rights, or one of them, shall be temporarily suspended,
  • the right of access of parents may be exercised only in a meeting place or in the presence of a third party.

In the interests of the child or in the event of danger, the judge may decide that the place of reception shall remain anonymous.

Duty to maintain and educate

The costs of maintenance and education of the child shall be borne by the parents.

However, the judge may relieve them of these costs in whole or in part.

The file of the proceedings may be consulted at the departmental archives by the parties, after the judge has given his opinion.

To do this, you have to fill out a form and send it to the juvenile court (it is located on the premises of the court).

Request to consult the educational assistance file in the juvenile court

Who can help me?

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