Question 22767 — professions and social activities

Summary

Ms. Fannette Charvier draws the attention of the Minister of Solidarity and Health to the reception capacity limits in maternal assistants' homes (MAM) and for maternal assistants established at home. To this end, article L. 421-4 of the Social Action and Families Code states that “the number of minors accommodated simultaneously cannot exceed four, including the child(ren) under the age of three of the assistant.” mother present at his or her home, up to a total of six minors of all ages. However, the president of the departmental council may, if reception conditions permit and as an exception, authorize the reception of more than four children simultaneously, up to a limit of six children in total to meet specific needs. With regard to MAMs established by law no. 2013-403 of May 17, 2013, article L. 424-5 of the same code dictates that the maximum number of children that can be cared for by the childminder is four. Reading these articles, we then notice a discrepancy in the rules set for childminders working in a MAM and for those working at home. To date, the reasons for this legislative difference have not been clarified, allowing one to accommodate a total of 6 children while the other has a lower ceiling. In the interest of equality and harmonization of guidelines, she asks what is the reason for this difference, and whether it has been considered to revise this legislation by allowing MAMs to in turn request exemptions from the president of the departmental council, for example, or by establishing the same reception capacity ceiling.

Machine translation from French. The official text remains authoritative.

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