Question 10225 — children

Summary

Mr. Charles Alloncle draws the attention of the Minister of Labor, Health, Solidarity, Families, Autonomy and Disabled People to the persistent flaws in the Trustworthy Third Party (TDC) system. Introduced by article 375-3 of the civil code, this system allows a child benefiting from a protection measure to be welcomed, by decision of the judge, by a member of his family or a close person. This solution, which promotes the maintenance of emotional ties and offers educational stability preferable to placements in homes or foster families, nevertheless remains in the minority: as of December 31, 2023, only 14,763 children were entrusted to a trustworthy third party, or 8% of protected minors. Despite the law of February 7, 2022 known as the “Taquet law”, reinforcing the priority of using trustworthy third parties and the decree of August 28, 2023 specifying the conditions of their intervention, their status remains unattractive. The TDCs only receive a maintenance allowance set at 20 euros per day, while the rare material support systems are subject to strong disparities depending on the departments. Furthermore, they do not benefit from maternity or paternity leave in the event of reception from birth, nor from a birth bonus, nor from suitable meeting places. for visits with biological parents. They also do not have specific training and must take on essential procedures alone even though they do not have parental authority. This situation maintains a clear inequality with foster families, even though the children in care encounter the same difficulties and the TDCs assume a comparable mission at a lower cost for the community. He therefore asks him what measures the Government intends to take to upgrade the status of trustworthy third parties, by harmonizing financial aid, by designating a single contact to support them, by facilitating access to school allowances and scholarships and by launching a national communication campaign in order to better publicize this system and ensure real equality of treatment between all children benefiting from a judicial measure of protection.

Machine translation from French. The official text remains authoritative.

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