Specialist education in France

Introduction

Definition

Constituted during the 20th century, with in particular a diploma of state, it is about the educational action near all those for which the system of the State education is unsuited. The specialist education thus relates to the education of all those which present a Handicap preventing the continuation of the traditional course (physical handicap, sensory, mental). A big part of the specialized educators intervenes with the socially underprivileged populations and starts, with the Désinstitutionnalisation of the Psychiatrie, has to intervene with the people suffering from mental diseases. It is advisable here to dissociate well the field of the handicap (physical, sensory, mental) of the social maladjustment, another field of intervention of the teacher " spécialisé". One does not speak, in this last case, of handicap such as definite higher. The educational intervention is then on the level of the training of the social codes and their integration by the person.

History

Various current forms of specialist education

child welfare

Articles 375 and following of the Civil code French

This series of articles organizes the child welfare in the French right. In fact, it creates the various services taking charges the young people with them meeting with the social difficulties and educational.

Article 375

If health, the safety or the morality of a minor not émancipé are in danger, or if the conditions of its education are seriously compromised, of measurements of educational welfare can be ordered by justice at the request of the father and mother jointly, or the one of them, the person or the service to which it child was entrusted or of the tutor, the minor himself or the public ministry. The judge can seize office in exceptional circumstances.

They can be ordered at the same time for several children concerned with the same parental authority.

the decision fixes the duration of measurement without this one being able, when it is about an educational measurement exerted by a service or an institution, to exceed two years. Measurement can be renewed by justified decision.

Article 375-1

the judge of the children is qualified, with load of call, for all that relates to the educational welfare.

It must always endeavor to collect the adhesion of the family to measurement considered and to decide in strict consideration of the interest of the child.

Article 375-2

Each time it is possible, the minor must be maintained in his current medium. In this case, the judge indicates, either a qualified person, or a service of observation, education or rehabilitation in opened medium, by giving him mission of bringing assistance and council to the family, in order to overcome the material difficulties or morals which it encounters. This person or this service is charged to follow the development of the child and to submit a report with the judge of it periodically.

the judge can also subordinate the maintenance of the child in his medium to particular obligations, such as that to attend an sanitary institution regularly or of education, ordinary or specialized, or to carry on an community activity.

Article 375-3

If it is necessary to withdraw the child of its current medium, the judge can decide to entrust it:

1º With the other relative;

2º another family member or with a third worthy of confidence;

3º has a service or with an sanitary institution or of education, ordinary or specialized;

4º has a departmental service of the social security to childhood.

However, when a request in divorce was presented or a judgment of divorce returned between the father and mother, these measurements can be taken only if one new fact likely to involve a danger to the minor appeared subsequently to the decision ruling on the methods of the exercise of the parental authority or entrusting the child to a third. They cannot make obstacle with the faculty which will have the judge with the family businesses to decide, by application of article 373-3, with which it child will have to be entrusted. The same rules are applicable to the judicial separation.

The AEMO (educational Action in open medium)

The AEMO is a civil legal measurement (ordered by the Judge of the Children) for the benefit of one or several children of the same family. She consists of the intervention in residence of a welfare worker for one variable duration (6 months to 2 years renewable until the 18 years of the child). A AEMO falls under the broader field of childhood in danger. It is a question for the specialized educator of removing the concept of danger by an educational action directly in the family (in the case of a latent danger), or within the framework of a protection except family (in the case of a obvious danger). The welfare worker referent of measurement can have to meet all the people in direct contact with the child (Teachers, doctors, organizers, social worker etc) in order to support his work and to reach a comprehensive view of the context of life of the child. He must above all inform the family and try of it to obtain his agreement. At the limit of the measure, the welfare worker writes a report/ratio with the Judge of the Children in order to give an account of his action. The Judge convenes the family and the welfare worker referent in audience of cabinet in order to decide following giving to this measurement: renewal or replevin. A measurement of AEMO is essential on the family (it can make call of the decision), but he acts above all of a work of confidence which must be established between the family and the welfare worker, and this, in the interest of or the children.

With his majority (18 years), the young person can ask so that the educational follow-up undertaken during its minority be prolonged. For that, it must make of it the request written near the Judge of the children who can thus order a young protection measure major, renewable until the 21 years of the individual. It is in this case the legal Protection of the youth which finances measurement and not the General advice.

Measurements of legal AEMO (for the minors) are financed by the General advices.

The welfare worker intervening in a service of AEMO is held with the professional secrecy from his mission, which he works directly within the Social security with Childhood (ESA) or in an association of private law which received delegation of the ESA (entitled justice).

When the concept of danger disappears and that the adhesion of the family is acquired, an educational follow-up can prove always necessary. In this case, a measurement of Educational Action in Residence (in the past administrative AEMO) can be proposed with the family. It is about a contract signed between the family and the General advice allowing the intervention of a teacher residence. In this case, the Judge of the Children is not seized any more and the legal file is closed.

Hearths of educational action (GUYS (House of children in social matter)

Structures which concern the field of the educational welfare. The houses of children accommodate children either under an ordinance of the judge of the children or at the end of a contract signed between the parents and the departmental social security.

The M.E.C.S are establishments of reception for major children, teenagers and young people, under continuous operation. By delegation, they take part in the public service of the Family and Child welfare. They are under the competence of the general advices and are financed by them within the framework of an enabling, in the form of a price of day. They accommodate minors placed either by the family, or by the service of Social security to Childhood (ESA), or by the judge of the children. With the difference of the Hearths of Childhood, the stays are more often of long life.

The justice of the minors

General presentation of the Justice of the minors The justice of the minors rests on a principle gradually recognized as of the end of the 18th century: the minor (the child) did not reach his maturity, unlike the major one. The public action does not have thus vocation to close again what is not succeeded yet and the development project of the person remains in the middle of the intervention of the company near the minors. This is why its framework, on the plan of the rights (civilian, penal, social and of the social security) as on the procedural level is always marked by a duality between what there is the progressive one and what there is the final one in measurement; between what has vocation to educate and what sanctions. Between what concerns the territorial collectivities, and what concerns the State. In detail, a specific practice concerning the juvenile delinquent illustrates this duality well when the judge of the children opens a double file. He pronounces a civil measurement of educational welfare to a minor while preserving suspended the penal dimension of the legal action. More generally, the texts fondamentaux1 specialized the whole of the professionals of the sector and created specific equipment, widened the field of competence of the judge in the direction of the protection of the young person and the guarantee of a right to education, extended the benefit of legal protection to the major young people. They, by doing this, brought another duality which crosses the first: that of administrative and the legal one. On the administrative level, since the laws of decentralization of the Eighties, the texts entrust to the territorial collectivities, primarily to the département2, the implementation of actions dedicated to the prevention of the situations difficult, critical, and with the assistance which it is advisable to bring to the minors and to their families when their legal representatives gave their agreement. On the legal level, the child welfare, subordinated to the observation of a situation of danger to the child, is ordered by the judge of the children and is binding on the family, even if the magistrate seeks his adhesion. The implementation of such a measurement of educational welfare causes to arrange, to control the exercise of the parental authority while maintaining as much as possible the minor in his “natural environment” of life. On the same plan, the legal treatment of the delinquents is exclusive competence of the State and falls on Justice. Its originality consists in the establishment, before any decision, of an assessment of the personality of the minor and his social situation and family. It comprises finally a specialization of the personnel contributing to an always educational assumption of responsibility, whatever the ordered measurement. To include/understand the detail of the acts and the means of the justice of the minors, it is advisable to keep in mind these dualities which are interlaced: between the current one and future of the young person; between the parental authority and the intervention of the company; between the translations of the latter within the administrative framework and the legal framework. 1 Ordinance of February 2nd, 1945 relating to delinquent childhood for the criminal law of the minors; schedule of December 23rd, 1958 relating to the child welfare and adolescence in danger to the educational welfare of articles 375 and S. of the Civil code; decree N° 75-96 of February 18th, 1975 laying down the details of implementation of a legal action of protection in favor of major young people. 2 On decision of the president of the general advice. The judge of the children Central institution of the justice of the minors within the Court of Bankruptcy, the judge of the children holds at the same time a role of protection and a role of sanction. In his protective function, the judge of the children intervenes in educational welfare when a minor is in physical or moral danger, i.e. private of the care and/or education necessary to guarantee his health, his safety or his morality. He is seized by the parquet floor and carries out any useful investigation. The judge of the children can also grant a protection to the major, old young people from 18 to 21 years, which confrontésà of the difficulties of insertion, ask for the continuation of a measurement of educational welfare beyond their majority. The educational welfare can result in the follow-up of the minor and his family into opened medium, or a placement of the minor.

In its repressive function, it intervenes when a minor is suspecté of an infringement to inform as well as to judge after being seized by the public prosecutor. It carries out any useful investigation on the facts and the personality of the minor. It is shouldered by the services of the legal protection of youth. At the time of this phase, the judge of the children can take various measurements according to the age of the minor, the nature of the infringement and the incurred sorrow. Since January 1st, 2005, the judge of the children is qualified for the application of the sorrows pronounced against the minors. The mode of the penal audiences is that of restricted publicity.

The juvenile court It is chaired by the judge of the children the sides of which sit 2 assessors and a clerk. The public ministry is represented there by a magistrate of the parquet floor specialized in the businesses of the minors. Seized at the conclusion of an instruction or within the framework of an appearance with short deadline, it is qualified for the infringments of 5th class, the offenses most serious and the crimes committed by old minors of less than 16 years at the time of the facts.

Court of Assizes of the minors The crimes committed by old minors from 16 to 18 years at the time of the facts are judged by the Court of Assizes of the minors. It is made up of 3 professional magistrates (including 2 judges of the children) and a popular jury (9 drawn citizens with the fate). A magistrate in charge of the businesses of the minors occupies the function of the public ministry (charge). The jurisdictions for minors work in collaboration with: The public prosecutor or the substitute in charge of the businesses of the minors who takes part in the child welfare, but also with the repression of the infringements made by a minor. He requires with the audience of the juvenile court or the Court of Assizes of the minors to put forward the interests of the company and, at the conclusion, to make carry out the decision returned to the penal one. He is also the representative of the ministry for Justice near the territorial collectivities (departments, municipalities, local contracts of safety…). The services of the legal protection of youth (PJJ) which propose to the judges children educational solutions and installations of sorrows concerning the minors being the subject of civil and penal measurements. The lawyers, whose presence is systematic out of penal matter, i.e. when the minor is supposed to have made an infringement. Certain councils are specialized in the defense of the minors.

The legal protection of Youth Its missions To restore the social link with the young people To restore the social link, to fight against the juvenile delinquency, to protect the minors in danger effectively, to follow their evolution for better supporting their integration, while answering waitings of the inhabitants of the districts, such are the challenges with which the legal Protection of Youth is confronted today. Priority with the educational one It is up to the State to ensure the reintegration in the social life of the young people in danger and the young delinquents who were the subject of a legal decision, either directly (public sector), or through its associative sector ability. Whatever the legal decision, the assumption of responsibility of the young people works towards an educational end. It takes various forms: intervention and follow-up within the framework of the family circle, placement in institution, lodging out of hearth or family of reception… Measurements of investigation Measurements of investigation are 3: • the collection of socioeducational information (Articles 8-1, 8-2 and 12 of the ordinance of the relative February 2nd, 1945 delinquent childhood); • the social investigation (Articles 8,9,10 and 14-2 of the ordinance of the relative February 2nd, 1945 delinquent childhood; article 150 of the new code of procedure (NCPC); articles 1183 to 1185 of the NCPC); • the investigation - educational orientation (Articles 8 and 9 of the ordinance of the delinquent relative February 2nd, 1945; article 150 of the NCPC; article 1183 of the NCPC). They are prescribed out of civil and penal matter. With a degree of gradual deepening, they allow to the judge children to better determine the personality, the course and the environment of a young person whose it examines the case. For the length of time necessary to the investigation, the judge of the children can possibly carry out a legal placement.

Educational measurements The educational action in open medium (AEMO) is a measurement of assistance. Each time possible the magistrate maintains the minor in his usual medium of life, from which measurement is exerted. With the difference of the administrative protection, which is contractual and requires obligatorily the agreement of the parts, the AEMO is a forced help. It is the measurement of the educational welfare most marked (60% of the first regulations) and it cannot exceed 2 years. Concretely, the services of open medium of the PJJ start, after evaluation, an educational work tending to the construction of a relation personalized with the minor, by diversified actions: culture, sport, health, support and given for level school. The legal protection of the major young people ensures the continuity of an educational action in progress whose interruption would be likely to compromise the evolution and the insertion of the young person become major. This measurement requires on behalf of the major young person a personal request near the judge of the children who appreciates, within sight of the importance and of the nature of its difficulties, if it must give following the request. In the affirmative it can prescribe one or more measurements among the following ones: observation by a service of open medium; educational action in open medium; maintenance or admission in an establishment of lodging. In all the cases, the agreement of the young person is necessary. Legal protection can be stopped constantly either on the initiative of the judge of the children or, automatically, at the request of the recipient. It stops at the 21 years age. Release on probation is an educational measurement pénaleprononcée either during the phase of instruction on a purely provisional basis, or by the jurisdiction of judgment with regard to a minor who made an offense. It comprises a double dimension: monitoring and educational action. Pronounced on a purely provisional basis, the measurement of release on probation allows, starting from the act for which the minor is put in examination, to take educational action whose range on the evolution of the personality of the minor will be taken into account by the magistrate during the judgment. Pronounced on a purely final basis, the measurement of release on probation allows, starting from the act for which the minor was condemned, to begin a work on the passage to the act at the origin of measurement and an educational action near the minor in his social environment and family. The setting under legal protection is pronounced by judgment, on a purely principal basis. It is marked for one duration not being able to exceed 5 years and within this limit, can be exerted beyond the majority. For this reason, 2 measurements can be taken: placement; protection in open medium. It can be accompanied with a measurement of freedom surveilléequi will not be able to go beyond the majority. Penal repair is a marked educational measurement with regard to a minor author of an penal offense, to which it is proposed to carry out an activity of assistance or repair for the benefit of the victim or in the interest of the community. In this last case, it can be a contribution of the legal institution to the policy of the city. In the event of direct repair, the agreement of the victim is obligatory; it perhaps collected by the magistrate, the person or the indicated service. It is about a measurement of short duration (3 to 4 months). Placement: the objectives common to the whole of measurements of civil or penal placements are to bring to major minors or young people a framework of life making safe, protective and structuring in order to help them to build their identity; to adapt the rules which govern the social relations; to fall under a process of social, school and professional integration; to restore family ties. With these common objectives are added, for each type of lodging below detailed, one or more objectives specific. The hearths of educational action (FAE) in the short or the long term accommodate major juvenile delinquents or in danger and young people. The placement has as specific objectives: to replace the minors in a daily life of group; to organize activitésnotamment during the key periods which are the evenings, the weekends and the holidays. In parallel, the minors placed can continue their schooling or their formation. The centers of immediate placement (CPI) accommodate in urgency of the primarily delinquent minors for one 3 months duration. In the correctional or criminal field, the placement can be together with a judicial control. It has as a specific objective to operate an assessment of the situation of the minor within the framework of a strict control, for a proposal for an orientation to the magistrate. This assessment comprises a systematic medical shutter; a psychological shutter; a school or professional shutter; an evaluation of the family context; elements of observation of the behavior of the minor. The activities then engagéespermettent the re-mobilization of the minor and the structuring of his time. Strict control implies that all displacements of the minor, that they are necessary to the assessments or related to research or the installation of activities, are the accompaniment object by a teacher. At the conclusion of the placement, the educational report transmitted to the magistrate comprises a proposal. The reinforced educational centers (CER) * accommodate small groups (6 to 8) juvenile delinquents. The objective is to create a temporary rupture of the minor as well with his environment as with its usual lifestyle. The assumption of responsibility rests on a permanent educational framing in all the acts of the daily life as in the activities; the installation of stays of rupture around humanitarian actions and activities at the risks supporting the mobilization and the training of rules. The organized sessions cannot exceed 6 months. Closed educational establishments (CEF) accommodate exclusively juvenile delinquents multirécidivistesde 13 to 18 years. The CEF are characterized by a legal closing: non-observance by the minor of the conditions of the placement and the obligations fixed by the decision of the magistrate whom can involve his setting in detention. The assumption of responsibility rests on a constant accompaniment of the minor inside and outside the center. The daily newspaper is structured on an intensive rate/rhythm comprising a medical and psychological follow-up; activities of teaching and professional training which must allow the acquisition of the basic knowledge (professional reading, writing, gestures); sport. The director of the center and the magistrate regularly give a progress report on the evolution of the minor during the 6 months of the placement. Measurements of probation (or control) and sorrows They fix at the minors of the obligations and/or prohibitions. Their non-observance can result in a setting into detention. One counts 5 of them: Judicial control (CJ) is a penal measurement marked within the framework of the instruction, before judgment. It can be ordered with regard to a person put in examination which incurs a sorrow of imprisonment or a sorrow of imprisonment. Between freedom and detention pending trial, the CJ is constraining and restrictive of freedoms. While guaranteeing the principle of the maintenance in freedom of the person put in examination, supposed innocent, the CJ compels it with one or more obligations among the 16 possible ones. Some examples: • not to leave some limiting territorial given; • not to go in certain places; • to present itself to the services, competent associations or authorities indicated by the judge; • to abstain from meeting certain people oude to return in contact with them; • to subject itself to measurements of examination, treatment or care even under the mode of the hospitalization, in particular for purposes of detoxication… The deferment with testing period (EMS) is ordered by the jurisdiction of judgment with regard to a minor of more than 13 years at the time of the facts. She then condemns it to 5 years a maximum sorrow of imprisonment, of which she decides to postpone the execution while placing condemned under the mode of the setting to the test. Condemned must, during the time of test, to subject itself to control measures. Some examples: • to carry on an community activity or to follow a teaching/a professional training; • to establish its residence in a given place; • to subject itself to a treatment or a medical monitoring, even under the mode of the hospitalization; • not to attend some condemned, in particular authors or accomplices; • to abstain from entering in relation to the victim… In the event of non-observance, the judge of the children can order the prolongation of the time of test within the 3 years limit, or pronounce the partial or total revocation deferment. Work of general interest (TIG) is a peinequi consists of a work not remunerated carried out by the profit of an institution or an association by minors from 16 to 18 years, authors of offenses punished of a sorrow of imprisonment. The TIG must present a formative character or be likely to support their social integration. It cannot be marked against a defendant who refuses it or is absent with the audience. This measurement can be used within the framework of an EMS. The socio-legal follow-up (SSJ) is a sorrow which constrained condemned, author of one or more sexual offenses, to subject itself to surveillance measures and of assistance under the control of the judge of the children making judging function of application of the sorrows. This provision aiming at preventing the repetition comprises several obligations: • prohibition to go in certain places; • prohibition to attend certain people; • prohibition to carry on an community activity or social implying regular contacts with the minors; • injunction of care (nonsystematic). In the event of non-observance by the minor of his obligations, the judge can put at execution the sorrow imprisonment fixed during the delivery of the SSJ. The training course of citizenship is an alternative sorrow with the continuations by the parquet floor; or an alternative sorrow with the imprisonment or an obligation of testing period by the juvenile court or the Court of Assizes of the minors. It pursues several goals: to recall to condemned the republican values of tolerance and respect of the human dignity on which the company is founded; he to make become aware of its criminal responsibility and civil as of the duties which the life in society implies; to support its social integration. The day laborer duration of effective formation must be adapted to the age and with the personality of the minor and cannot be higher than 6 hours in any event. The duration of the training course cannot exceed one month. Implemented by the public sector of the PJJ, the contents of the training course can be elaborate with the assistance of the territorial collectivities, public establishments, the moral persons of private law or natural persons taking part in missions of general interest, in particular of access to the right.

Educational sanctions They are applicable to the minors from 10 to 18 years at the date of the facts. They make it possible to bring more adapted legal answer when educational measurements appear inappropriate or without effect, and that the delivery of a sorrow would constitute a too severe sanction. They constitute an answer to the acts made by the minors from 10 to 13 years for which no sorrow can be marked. 6 educational sanctions can be marked, alone or grouped: • confiscation of an object having been used for the commission of the infringement or which is the product; • prohibition to appear, for one duration which could not exceed one year in the places in which the infringement was made, except for those where usually the minor resides; • prohibition, for one duration which could not exceed one year, to meet the victims designees by the jurisdiction or to enter in relation to them; • prohibition, for one duration which could not exceed one year, to meet the joint authors appointed by the jurisdiction or to enter in relation to them; • assistance measure or of repair envisaged in article 12-1 of the ordinance of February 2nd, 1945; • obligation to follow one duration a civic training course which cannot exceed one month.

Installations of sorrow They are since January 1st, 2005 of the only competence of the judge of the children (Article 20-9 of the ordinance of February 2nd, 1945). Their implementation is entrusted to the public sector of the PJJ (cf will infra: Services of the legal protection of youth). 7 installations are possible: • release on parole; • external placement (with or without monitoring); • semi-freedom; • placement under electronic monitoring; • the suspension and the fractionation of sorrow (of which suspension for medical reason); • the permission to leave; • the authorization of exit under escort.

source

TO BE READ: Lionel LEROI, Of the boys and the circuses, Juvenile delinquents in Reinforced Educational Center (CER), 2007, Editions of the Sextant.

Specialized prevention

Appendices XXIV

Médico-educational institutes

The legal base which regulates the operation of the I.M.E are the appendices 24 of the code of the Social security. I.M.E. (Educational Médico Institutes) I.M.P. and of I.M.Pro gather. (Médico-Teaching Institutes and Institutes Médico-professionals). They accommodate children and teenager from 6 to 20 years reached of a deficiency. The orientation as of these children concerns since the law of February 11th, 2005 the C.A.P.H (Commission of the Rights and the Autonomy of the handicapped person, in the past C.D.E.S. and C.O.T.O.R.E.P.) These establishments of specialist education can also accommodate sections for children polyhandicapés as well as permanent boarding schools or of week.

The I.M.E propose assumptions of responsibility individual and multi-field utilizing several professional categories: specialized educators, technical teachers, educational monitors, A.M.P. (Psychological Médico Assistance), specialized teachers, psychiatrists, psychologists, nurses, kinesitherapists, speech therapists, psychomotricians, ergothérapeutes, social workers.

The mission of the I.M.E is to bring an accompaniment therapeutic, teaching, educational and professional. Since the law 2002-2 (law of January 2nd, 2002 renovating the social action and medico-social), each assumption of responsibility is based on an Individualized Personal project. (P.P.I.) According to the needs for each user, educational activities, professional trainings, assumptions of responsibility medical or ancillary medical are implemented for the development of the personality, to reach a more important socialization, to support the social and professional integration and to support autonomy.

These establishments were often created on the initiative of families concerned personally with the mental handicap. Even if they are from now on with financing quasi exclusively public, after approval by the CROMS and favorable opinion of the financeurs (ex: DDASS) the large majority of the IME remain with associative management (association law 1901).

Educational and Teaching Therapeutic institute (ITEP)

In the past named Institute of rehabilitation (IR)

Bonds

legal Files

National academy of the Files and the History of Specialist education

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