Daphne Seminar: French Conclusions Translated Into English

Daphne seminar: French conclusions translated into English

WORK OF THE NATIONAL GROUPS

FRIDAY 20th OCTOBER 2000

1.  COMMENTS OR PROPOSALS TO MY COUNTRY’S PRESENTATION.

1.1  In relation to the concept of mistreatment.

1.2  In relation to the juridical framework.

1.3  In relation to the competent organisations.

1.4  In relation to the programmes and procedures.

1.5  In relation to the existent co-ordination.

2.  PROVIDING IDEAS TO IMPROVE THE CO-ORDINATION IN MY COUNTRY.

2.1  Co-ordination within the same system at different levels of intervention (primary and specialised care).

2.2  Co-ordination between the different systems (social welfare, health, education, etc.).

3.  PROBLEMS THAT MAKE DIFFICULT THE DECISION MAKING REGARDING CASES OF MISTREATMENT IN MY COUNTRY.

3.1  Difficulties referred to the detection stage (health, education, social services, etc.).

3.2  Difficulties referred to the notification stage (health, education, social services, etc.).

3.3  Difficulties referred to the investigation stage (health, education, social services, etc.).

3.4  Difficulties referred to the diagnostic evaluation and intervention planning stage.

3.5  Difficulties referred to the development of the intervention plan stage (existent resorts to work with families, children’s fosterage and specialised treatment).

4.  TRANSNATIONAL PROPOSALS

4.1  Referred to case registers.

4.2  Referred to the intervention programmes.

4.3  Referred to decision-making procedures.

4.4  Referred to co-ordination and integration of services.

4.5  Referred to the exchange of information (legal procedures, programmes and co-ordination).

4.6  Referred to continuous training of professionals.

5.  QUESTIONS OR CLARIFICATIONS THAT I WANT ABOUT THE PRESENTATION OF THE OTHER THREE COUNTRIES.

5.1  In relation to the concept of mistreatment.

5.2  In relation to the juridical framework.

5.3  In relation to procedures and programmes.

5.4  In relation to the existent co-ordination.

DAPHNE INTERNATIONAL SEMINAR: FRENCH WORKSHOP

POINT 2

To share information concerning social work seems to be essential to fight against the danger of isolation and the power of the people involved.

However, the system of communication, just at a technical level, is not useful if there is no capacity for relationship and meditation. From this point of view, professional training and practices questioning seem to be indispensable.

The aim is to achieve a common agreement about the potentialities of the individuals to be aware of the symptoms and becomes the future objective.

POINT 3

3.1  There is an absence scientific objective criteria both in the field of physical and psychological mistreatment as when taking into account the child’s word.

3.2  The act of notifying basically depends on the consequences of the fact in the story of the one who intervenes.

3.3  /3.4

How to make objective the situation based on the language and the different interchanges to make emerge the axes of behaviour.

3.5  The difficulty relies on the rigidity of the administrative and judicial systems in opposition to the claim for diversification and flexibility in the responses.

POINT 4

It seems difficult to us to unify models for all the countries of Europe.

However, we have many common references: the United Nations Children’s Rights Convention of 1989, the Children’s Rights European Chart of 1992 and the Hague Convention concerning child protection of May of 1993.

Different legal frameworks, concrete experiences such as the “respite care”, allow the elaboration of common professional cultural elements that should be convenient to develop.

In that way we could enrich ourselves.

POINT 5 QUESTIONS

Spain

·  Regarding the phenomena of mistreatment, what are the analysis and valuation you can make in your country of the confluence of the different discourses/approaches, judicial, social, scientific, professional, and administrative?

·  How is the intervention process (devaluation) of the public institutions in this sector and in your own country?

·  For Italy: Develop the Daphne commission project of social-medical ambit.

United Kingdom

·  For Italy: A question related to the Italian report, does it mean the same “tutelage” and “guardianship”?

·  For Spain: The child has to give consent at the age of 12 for what purpose?

·  If a child has been mistreated, is there an age limit/restriction to declare or not? Is there any way to collect evidence?

·  How long has to be a process to consider the removal of the child from the domicile and following fosterage? Maximum period of time.

·  For France and Spain: What kind of training do magistrates and judges receive regarding child mistreatment?

·  Is there any process to promote good practices in this area? Is there any monitorisation? System followed to assignee responsibilities, at any level, and, in case of mistakes or error, is there any one who monitors?

·  For Italy: Provincial systems to exchange experiences and good practices.

·  Processes to exchange information and unified protocols, general or specific.

Italy

·  What happens when the child retracts of an accusation?

·  For France and Spain: To deepen in the functions of the Guardian ad Litem in his/her relation with the State.

·  For the United Kingdom: When and how are the files removed from the child’s register?

·  For the United Kingdom: Indicators to evaluate the kind of mistreatment.

France

·  For the United Kingdom: how is it contemplated the family law in the case of police intervention to remove a child?

·  For the United Kingdom: under the power of the police, what devices are there to appeal arbitrary actions?

·  For Spain and the United Kingdom: How do you work on the link between the child and the family when there is an intervention?

·  For Italy: How do you think the evolution of the Juvenile Courts is going to be?

ANSWERS TO THE QUESTIONS MADE TO FRANCE

FROM SPAIN

1-  “The incidences of the different discourses/approaches (technical, legal, social-cultural and professional) when taking into account mistreatment”.

In France, the Observatory for decentralised social action (O.D.A.S.) has defined mistreatment taking into account these four discourses and gives an account every year of the evolution of the number of mistreated children together with the departmental services (social-administrative discourse) and the judicial services (legal or judicial discourse). Only the social-cultural discourse or “moment discourse” is not very much taken into account.

2-  “Consequences of economical recession for the agencies’ budgets”.

In case of economical recession or budget reduction, globally the public economical resources of the associations are very little affected. We could arrive to a “suspension of means” that is to keep the same budget as the year before, or even to a “new spread” of resources (rebalance between the budget dispositions and the distribution of the “non-wasted” in other areas).

In a general way, the budgets do not suffer any shortage because it is necessary to keep the activity as it already is.

FROM UNITED KINGDOM

1-  A child victim can directly address to the Social Services or the Juvenile Judge to ask for protection. The law does not set an age limit for a child to legitimately report his/her case to the Juvenile Judge. “Being able to express his/her will” is just enough. Then, the Judge can use all the means at his/her disposal (social or judicial investigations) to collect information before pronouncing sentence.

2-  Fosterage: length and criteria.

Fosterage is mainly made according to some criteria identical to the ones of an institutional placement. It is easy to see that the majority of fosterages often regard to little children. Child placements take place and tend to increase.

The fosterage length depends on the authority that has order it. If it is an administrative authority, we talk about “provisional boarding” in agreement with the family of origin, and its length is relatively short.

If it is ordered by the judicial authority, the placement is set for a maximum of two years subject to be renewed.

3-  The process of appeal

As it happens in all judicial processes, it is possible to appeal to the Juvenile judge’s decisions.

Parents have fifteen to appeal since the notification or awareness of the decision. The appeal is made through declaration to the Courts’ Files or through a certificate sent to the magistrate.

4-  Training juvenile judges

The juvenile judge was created in France in 1945.

S/he is a magistrate as “the others”. After studying Law, s/he was selected at the “national school of magistrates”, seated at Bordeaux. After two years of study and practices, whose last practice s/he had to choose before being assigned, s/he is appointed by decree of the Court of Justice before the High Court.

5-  Which are the processes to develop good practices?

Which is the system to control and monitor professionals’ responsibilities?

The development of “good practices” is mainly made through an internal reflection work within the teams. Some, but not all, have at its disposal regulators or supervisors. Another possibility relays on permanent training and the participation in forums.

The people in charge of teams, services, agencies and institutions, have to monitor professionals’ responsibilities. This is also made through the State’s tutelage authorities (Justice-DDASS) or through the department (Social Aid to the Childhood).

6-  Is there a unified protocol in case of mistreatment?

Since the Law of the 10th of July of 1989 concerning the prevention of mistreatment, it is the president of the General Council of each department the one who “organises the collection of information regarding mistreated children and takes part in their protection”. Therefore, any placement has to be communicated to him/her but it can also be addresses to the prosecutor of the High Court.

FROM ITALY

What happens when the child retracts of an accusation?

If the accusation comes from the Juvenile Court, the prosecutor’s substitute is able to decide the following resolutions:

-  To close the file.

-  To go on with the judicial investigation.

-  To give the file to the juvenile Judge, who will then adopt investigation measures to verify the danger still remaining after that change of opinion.

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