Question 3464 — children

Summary

Ms. Alexandra Martin (Alpes-Maritimes) draws the attention of the Minister of State, Keeper of the Seals, Minister of Justice, to the future of the home educational placement system (PEAD), the sustainability of which has been called into question since an opinion rendered by the Court of Cassation on October 2, 2024. The Court considered that the PEAD should be reclassified as an enhanced open educational assistance measure (AEMO) rather than as a measure of placement, in accordance with Law No. 2022-140 of February 7, 2022 on the protection of children. According to the Court, although the child "placed at home" remains in his home, benefiting from regular and reinforced educational intervention, this measure does not correspond to a placement within the meaning of article 375-3 of the civil code, but to a reinforced AEMO, the accommodation of which remains exceptional. This reinterpretation has caused concern in several departments, which are already considering a reorganization of their authorized services, or even a closure of PEAD systems. While some professionals and experts welcome the intensification of educational support, others, such as ANMECS, CNAPE or GEPso, highlight the risks of destabilization of the already fragile sector. Indeed, in a context of systemic child protection crisis, with services already under pressure, the disappearance of the PEAD could lead to a breakdown in care for many children. Furthermore, the reallocation of measures to a reinforced AEMO would risk worsening the congestion of already existing systems and compromising the care of all children at risk. The MP wishes to know whether the Government is considering legislative measures aimed at securing and perpetuating the PEAD system, or to reorganize it in a way that would ensure a proportionate response to the needs of children and families while preserving clinical and educational approaches developed over decades. Furthermore, she questions him about the consequences of this reclassification on the legal decisions taken in favor of the PEAD and on alternative care arrangements, in a context of dwindling accommodation places. and saturation of AEMO services.

Machine translation from French. The official text remains authoritative.

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