Judge children

In France, the judge of the children is a Magistrat specialized in the problems of the Enfance. Its institution initially was envisaged in penal matter, by the ordinance of February 2nd, 1945 relating to delinquent childhood. Its scope thereafter were extended by the ordinance of December 23rd, 1958 in civil matter, in order to protect from the minors in danger. The judge of the children thus knew a creation and a quick change towards a specialized judge of childhood. However, as of 1912, of the juvenile courts had been instituted: the institution of a Juridiction specialized for the minors is thus not an innovation in French Droit.

The judge of the children exerts in the arises of a Court of Bankruptcy. However, the magistrate who carries out the judging functions of the children does not carry out this task in an exclusive way. He also often exerts in other businesses judged in a Court of Bankruptcy or a Magistrates' court.

It is a magistrate specialized, who was at the origin of a movement of introduction of single judges, without collegial structure, desired because of a movement of complexification of the Droit, but also for economic motives, in order to reduce the cost of the public service of Justice. The collegial structure is however restored when the judge intervenes out of penal matter.

The judge of the children is neither a psychiatrist nor an assistant of social service. It is and remains a judge|Guy Raymond,
Professor of the Faculty of Law and social sciences of Poitiers|
Répertoire of civil law, Dalloz, September 2002, “Educational welfare”, n°31

The judge of the children, protecting the minors in danger

The judge of the children intervenes out of civil matter when it is established that a minor (not émancipé) is in danger, when its health, its safety or its morality are threatened, or when the conditions of its education seem seriously compromised.

The social services of the department and the associative educational services competent constitute the principal interlocutors of the judge of the children within the framework of its civil functions.

Its sasine is exceptionally broad; ruling with the civilian, the judge of the children will be able to take educational measures in order to protect the minor. It is then possible to make call decisions of the judge of the children.

The sasine of the judge of the children

The judge of the children can be seized by:

the father and mother jointly, or by one among them only,
the person or the service to which it child was entrusted to
the tutor,
the minor himself,
the Public ministry,
and in exceptional circumstances, by the judge of the children himself.

The possibility of an initiative of the judge of the children is an exceptional provision in French right. She is particularly wished in order to give a real effectiveness to the judge of the children, who has then the capacity to seize himself of a business whereas the minor himself would not have the capacity to determine which he is in danger (Enfance and Early childhood).

Educational measurements

August 1st The Civil code French has that “ judge of the children must always endeavor to collect the adhesion of the family to measurement considered ''” It is there an exceptional provision in French right, which tends so that the decisions of the judge of the children are consensual. This obligation does not determine a result to reach by the judge of the children, but simply whom they implement means in order to obtain the adhesion of the family. One does not seek besides a “agreement” of the family allowing the implementation of the legal decision, but only his “adhesion” with this one.

The continuation of this same article lays out that the judge of the children must “ decide in strict consideration of the interest of the child ”. This member comes from the modification of this article by article 13 of the law of January 2nd, 2004 in right relating to the reception and the child welfare. It did not act whereas to register in internal rights what was already valid in international law thanks to the Convention of New York ratified in France on January 26th, 1990, whose terms went in the same direction.

The judge of the children takes educational measures then, lying within the scope of the devices of Child welfare, which consist mainly:

in the intervention of an educational within the family;

if the conditions are not met any more to maintain the minor in the family unit, the decision to entrust the child to another family member, an institution or a Famille of reception, for one limited time in time.

The judge of the children can also decide on a measurement helping the parents to manage their budget and particularly the family allowances to which they have right for education of their children (supervision of the social security benefits).
The law makes obligation with the judge of the children periodically to re-examine the families to decide to renew or adopt the measure.

Educational welfare in open medium

When the child is in danger the judge can take a " measure of AEMO" , i.e. a public service - as the Legal Protection of Youth - or a competent association will be elected (E) to send a teacher to the residence of the families. This one then will analyze the situation and will act as consequences: resserer family ties, to revalorize the place of the father, to help the parents to exert the parental authority, etc. The measurement of AEMO makes it possible to help the families without separating the child from the parents.

http://www.educateur-specialise.net/devenir-educateur/Structures-en-lien-avec-l-education-specialisee/21-action-educative-en-milieu-ouvert-aemo

Placement in a family of reception

the judge can, by a OPP (Provisional Ordinance of Placement), one 6 months duration to 2 years maximum, to entrust the child at an organization of family placement: either the general advice, or an association. the child will thus be placed in a family of reception where he will live: he will meet his parents at the time of visits programmed, mediatized or not, and will be able to also pass part of his holidays and weekend with it. during this placement, a welfare worker follows the young person, working with him the placement, the relations with the family of reception and the relations with the parents.

Supervision of the social security benefits

The criminal justice of delinquent childhood

August 1st The existence of a criminal justice of the minors was regarded as a basic principle recognized by the laws of the Republic by the jurisprudence of the Constitutional council, in a decision of August 29th, 2002 in right, on the base of the law of April 12th, 1906 on the penal majority of the minors, the law of July 22nd, 1912 on the juvenile courts and the Ordonnance of February 2nd, 1945 on delinquent childhood. However, this principle, integrated into the Block of constitutionality, relates to only the existence of a specialized jurisdiction or procedures appropriate to the minors, but does not force the legislator to privilege in an absolute way of educational measurements: the detention of minors of more than 13 years is considered to be in conformity with the Constitution of October 4th, 1958.

On the penal level, the judge of the children is brought to consider the minors making of the offenses (it is the age of the person at the time of the facts which is retained) within the framework of the Ordinance of February 2nd, 1945 (the text was modified with very many recoveries since this date), of the Penal code and penal procedure.

One of the essential principles of the ordinance of 1945 is that one should not judge a minor without being itself beforehand concerned about know which are its situations personal and family.

Within this framework, the judge thus associates educational measurements (followed educational, placement) with repressive measurements (judicial control, detention pending trial, amend, imprisonment with or without deferment, work of general interest) successively or jointly. The French legislation does not comprise - strictly speaking - of written principle of penal irresponsibility due to minority what wants to say that there is no age in lower part of which a minor can be declared guilty of an infringement. However, in 10 year old lower part, it is necessary to doubt the capacity of understanding of the children. In addition, the law organizes the treatment of the penal matters for the minors between 10 and less than 18 years. It provides in particular that the imprisonment is not possible that for the minors of more than 13 years. In practice, one can consider that they are mainly minors having between 15 and less than 18 years which undergo sorrows of imprisonment thus (in specialized penitentiary districts), which are decided most generally when educational measurements (in particular, measurements of distance of the minor within the framework of a placement) were ineffective, have regard to a renewal of the infringements.

The judge of the children chairs the juvenile court, in which two nonprofessional assessors take part, named by the Minister of Justice (selected according to the interest that they carry to the cause of childhood).

The characteristic of this penal function is that the judge of the children informs the business (" puts in examen" the minor), takes part in his judgment and also acts as judge of the application of the sorrows. This office plurality of function (whereas for the major people, three different judges - at least - intervene) was declared compatible with the European texts relating to the Human rights. It is justified by the idea that the judge of the children who follows the minor is most capable to make decisions for him.

The judge of the children takes part in addition in the Courts of Assizes judging the minors, made up in particular of a president and two judges of the children (in addition to sworn).

Within the penal framework, the judge of the children is based primarily on the services of the Legal Protection of Youth and on establishments, often associative, entitled and financed by the State.

Qualification and formation

To become judge of the children, it is necessary to reach the National school magistrature by the means of a contest, in particular open to the titular students of a diploma sanctioning a formation at least equal to four years of studies after the baccalaureat.

At the beginning of career, its monthly salary is on average of 2300 €. In end of a career, its wages can reach 6.000 €.

References

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