After meeting the Association for the Defense of the Rights of Placed Children and their Families, ADDEF, Lyon Bondy Blog wanted to know more about it. To do this, we met Me Anne Leyval Granger, a lawyer whose work is oriented towards combating domestic and family violence in the courts.
With nearly 310,000 children entrusted to ASE each year, some end up in foster care and others in foster care. How is this choice made and who makes this decision? According to the Public Service website, The judge can decide to endanger a child, i.e. to remove it from its family environment to protect it. It is e.g. the case of a child who is left to fend for himself or a child for whom a report has been made, by a neighbour, a friend, the school, social assistance for children (ASE ). »
Still, according to the Public Service website, this placement is always intended to protect the minor: “ placement of a child is an extraordinary protective measure. The judge takes it when he believes that maintaining the child in his family environment exposes him to danger. The judge can decide to place a child when he believes that too great a risk weighs on him or on any of the following points: his physical health, his mental or psychological health, his physical safety, his material safety, his morals and his education “.
Anne Leyval Granger, a lawyer in the second district of Lyon, has already worked on cases related to children’s rights. The latter is a difficult subject to tackle, and it explains the existence of real problems in our society. ” Today, for me, our system is not satisfactory. In fact, you should know that in these cases we are only entitled to one hearing per year. There is very little way to get new hearings even if new facts occur or the situation changes. So I’m not saying it’s because the judges don’t want it. It’s often because the referees have a huge workload and they just can’t give us another one. »
Me Anne Leyval Granger is a great defender of women’s rights and also points out inconsistencies in the legal system.
A flawed and unworthy justice
” I defend women who are victims of domestic violence, children who are victims of domestic violence, and where the judge often, very often leaves the child to Childhood Social Assistance (ASE) in an outsourced way to the father. This means that the mother does not have her children, it is the father, therefore the husband or the violent partner, who is responsible for the children in external placement via ASE. Because the mother who is the victim of this violence seems to be unstable and people talk about her being alienating to the children. This parental alienation syndrome used almost systematically by the child judge or family court judge must be eradicated from any motivation for a sentence! continues Me Anne Leyval Granger.
An injustice that these mothers today call “being put down”. ” The world must realize that these women who dare to denounce domestic and family violence find themselves deprived of their children. The latter is either placed in ASE or with the father, who is violent. The mother therefore no longer has access to her children, except through published visits, which go wrong, as the reception structures are not satisfactory. The mother therefore ends up being completely alienated from her child. says Anne Leyval Granger.
The minor is therefore placed in a home or foster family, where only a few checks take place. ” In a home and foster family, there is little control. Also, some time ago I had a case where the little one was in a foster home and was subjected to an attempted rape by another foster child. We had a very difficult time getting him out of the home to protect him and even to get a hearing with the juvenile judge. So to answer you, no, control is not enough. continues the lawyer.
Forgotten by the Republic
Few checks and a total disconnection between the child and his family have disastrous long-term effects for the minor. According to the study of Catherine Durant” the unbearable reality of foster children » published in the magazine Marie Claire, only 20% of these children would return home. For those who have remained in ASE, the living conditions of the young person who reaches his majority are very complicated, as this study carried out by Brut tells us.
Abandoned by society and the republic, these children of the state stand without help to those who have no access to ” adult youth contracts until they are 21 years old.
If associations appear today to support these young people, there is still a long way to go, as history says. Jocelyne Giontarelli, chairman of the Association for the Defense of Placed Children and their Families. ” The goal of our association is very clear, to ensure respect for the basic rights of these children. […] accompanied them and their families to give them every chance of success on the same level as any other child “.
A report that you can find via this link: http://lyonbondyblog.fr/LBB/enfants-places-une-nouvelle-association-pour-les-accompanier-eux-et-leurs-familles/
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