Connaitre ses droits

Investment decision of a child

Last Updated on Sunday, 10 July 2011 05:10 Written by Administrator Sunday, 10 July 2011 05:04

Voluntary Placement

Referral to judge

Placement by court

Review of the circumstances of the child

For more information

It should address:

• the service of social assistance to which the applicant's home,

• the family allowance fund to which the applicant's home,

• the High Court.

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  Principle

  A child in the service of social assistance to children (ASE) can be temporarily or permanently, admitted as a ward of the state.

  The ward of the state has a support pending an adoption plan.

  If you are admitted as a ward of the state

  Filiation is not established

  The child is admitted as a ward of the state when:

  • filiation is not established or is unknown,

  • and was collected by the department of social assistance to children for over 2 months.

  They are either:

  • foundlings,

  • children born after a secret birth ,

  • children whose parentage is known but not legally established.

  Known parentage

  The child is also recognized as a ward of the state when:

  • his parentage is established and known

  • and the child was expressly given to the service of the ASE.

  When the child is transferred by the parents or one of them, they are invited to give their consent to the adoption of the child.

  Are also recognized as a ward of the state:

  • children fatherless and motherless,

  • children whose parents have been a total withdrawal of parental authority ,

  • the child declared abandoned by the High Court.

    Admission decision as a ward of the state

    The admission decision is taken by the President of the General Council.

    A record of delivery is established.

    The child will be admitted provisionally as a ward of the state (for a period of 2 months or 6 months). This provisional admission allows the parent to take the child immediately and without any formality.

    Time for parents to use child

    The parent have the opportunity to collect their children within two months.

    The deadline is 6 months when it is not the parent who gave the child to the service of the ESA.

    The refund must be accepted or rejected by the guardian or family council.

    In case of refusal for the return of the child by the guardian or the family council, parents may appeal to the High Court.

    Adoption project

    The ward of the state is the subject of an adoption plan simple or full.

    This project is defined by the guardian with the consent of the family council.

    The child ward of the state may be adopted either:

    • by the person to whom the child has been entrusted

    • by persons authorized by the head of the ESA.

    The child is not adoptable when the Guardian shows that the extent of adoption is not appropriate for the child (for example, the guardian may decide to maintain links with the family of origin, in the interests of the child).

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    Principle

    Some information must be communicated to the parents or the person who delivered the child to the ESA.

    Information provided

    Parents or the person who delivered the child to the ESA must be informed:

    • on state aid for parents to raise their child,

    • the provisions relating to the guardianship of wards of the state, time and conditions allow parents to collect their children,

    • the fact that they can leave any information such as the origins of the child, the reasons and circumstances of its delivery to the service of the ASE.

      Bodies

      • the family council of state,

      • the prefect who shall act as guardian or representative, and who is competent to appoint members of the family council of state.

        Circumstances of the child

        The minor is capable of forming when:

        • must be notified of meetings of the family council,

        • may ask to be heard at a meeting of the Board,

        • can read the minutes of proceedings concerning him,

        • may request a meeting of the family council that his situation is studied.