If the health, safety or morals of an unemancipated minor are in danger, or if the conditions for his or her education or physical, emotional, intellectual and social development are seriously compromised, educational assistance measures may be ordered by the court at the request of the father and mother jointly, or one of them, the person or service to whom the child has been entrusted or the guardian, the minor himself or herself or the public prosecutor. In cases where the public prosecutor has been notified by the president of the departmental council, he will ensure that the minor’s situation falls within the scope of article L. 226-4 of the Code de l’action sociale et des familles. In exceptional circumstances, the judge may take action on his or her own initiative.
Such measures may be ordered at the same time for several children under the same parental authority.
The decision sets the duration of the measure, which may not exceed two years. The measure may be renewed by reasoned decision.
However, when the parents present serious, severe and chronic relational and educational difficulties, assessed as such in the current state of knowledge, which have a lasting effect on their skills in exercising their parental responsibility, a fostering measure carried out by a service or institution may be ordered for a longer period, in order to enable the child to benefit from relational, emotional and geographical continuity in his or her place of living as long as it is suited to his or her immediate and future needs.
A report on the child’s situation must be sent to the children’s judge annually, or every six months for children under the age of two. This report includes a paediatric, psychological and social assessment of the child.