Question 17398 — professions and social activities

Summary

Mr. Fabrice Brun draws the attention of the Minister of Solidarity and Health to the interpretation of Law No. 2010-625 of June 9, 2010 relating to the creation of homes for childminders or MAM. Indeed, article L. 424 of the Social Action and Families Code limits the number of childminders who can accommodate minors within an establishment to four. However, in response to a written question No. 76372 of 24 March 2015, the Government indicated in the Official Journal on October 11, 2016 that “article L. 424-1 of the social action and families code provides that the number of childminders who can work in the same house cannot be greater than four, without indicating, however, whether this number must be assessed simultaneously or not. In order to remove any ambiguity on this point, the ministerial guide relating to MAM may specify, the opportunity of a future update, that this limit is appreciated simultaneously. Thus, the approval of five childminders grouped in MAM is possible, either to occasionally replace a colleague in the event of illness or maternity leave, or on a long-term basis to allow the part-time work of one or more childminders. This ministerial response is the subject of divergent interpretations of PMI services from various departments. In certain departments, in fact, the possibility of a fifth approval to occasionally replace a colleague in the event of illness or maternity leave is allowed, while in others, it is refused, by virtue of a literal interpretation of the ministerial guide relating to MAM which has not been updated despite government announcements of October 11, 2016. This is why it request to: confirm in substance the terms of the response of October 11, 2016 in order to remove this ambiguity once and for all; proceed as announced in the response of October 11, 2016 to an update of the MAM guide; take advantage of the update of the guide to clarify the question of delegation for the day to facilitate the organization of childminders and parents and to reinforce the quality of care for children.

Machine translation from French. The official text remains authoritative.

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