On a provisional basis but subject to appeal, the judge may, during the proceedings, either order the provisional surrender of the minor to a reception or observation centre, or take one of the measures provided for in articles 375-3 et 375-4.
In urgent cases, the public prosecutor of the place where the minor was found has the same power, but must refer the matter within eight days to the competent judge, who will maintain, modify or revoke the measure. If the child’s situation allows, the public prosecutor will determine the nature and frequency of the parents’ right to correspond, visit and stay with the child, unless he or she reserves them if the child’s interests so require.
When a child welfare service reports the situation of a minor temporarily or permanently deprived of the protection of his or her family, as the case may be, the public prosecutor or the children’s judge shall ask the Ministry of Justice to provide it, for each department, with the information enabling the minor concerned to be referred.
The public prosecutor or juvenile court judge takes his or her decision in strict consideration of the child’s interests, which he or she assesses in particular on the basis of the information thus transmitted in order to guarantee suitable reception arrangements.
In urgent cases, where there is serious evidence to suggest that the child is about to leave national territory under conditions that would put him or her in danger and that at least one of the holders of parental authority is not taking steps to protect him or her, the public prosecutor for the place where the minor lives may, by reasoned decision, prohibit the child from leaving the country. Within eight days, the Public Prosecutor shall refer the matter to the competent court, asking it to maintain the measure under the conditions set out in the last paragraph of article 375-7 or to order its removal. The public prosecutor’s decision sets the duration of the ban, which may not exceed two months. This ban on leaving the country is entered in the wanted persons file.