Foster care in France« Joints Efforts towards the Realisation

of Children Rights in Croatia »

Vincent Ramon, Project Officer, ANFPFrench National Association for Family Placement

Zagreb, October 26 2011

Foster Care :a complex issue

Illustration GRAPE 1995

Legislation in Child Protection :

2002-2 : Giving rights to the service users to be informed, involved and represented in the run of any care service. Law introducing quality management, assessment and guidelines on good practice. Qualified care thus requires qualifications of monitoring and mangement.

2005-706 : Professionnalisation of family placement: The caregiver becomes « family assistant »

2007-293 :New directions in Child Protection System.

Legislation on Types of carersLaw n° 2005-706 June 27, 2005 + Enforcement decreesProfessional Foster Care : “Family Assistant”Consolidated texts in the Social action and families code (CASF –

www.legifrance.gouv.fr ) art. L 421-2 and following et D 421-2 and following– D 451-100 an following concerning State Diploma for foster care

Volunteer foster care :no law, signature of an ethic chart (ordinance 11/09/2005)

Person of Trust : Civil Act art.375 and followingFoster care for adults with disabilities or the elderly

(Ministère des solidarités et cohésion sociale)

Organisation of family placement in Child Protection:child at risk or in danger

Assessment Team

Administrative Placement

Child at risk

Orientation by ASE

Justice System

Private licenced

Foster care and

children’s home

Public chidren’shome

Foster care

Child in danger / abused

Judiciary

Placement

Parents disagree

Judiciairy investigation

Under Judge responsability

29%

71%

Statisticsadministrative placement (a-greement of the child’s parents)

judiciary placement (imposed or forced inter-vention)

Administrative or Judiciairy placement ?

More Statistics : children in child protection (data 2011)

public and private Family Placement

children’s homes (mostly private)

other types0

10

20

30

40

50 47%

34%

19%

Children (%)

More statistics : foster parents

70%

30%

%

Public system (ASE) Private sector (NGO's)

56000 Family Assistants in France (65 million inhabitants)

Professionalisation of Care : the dominant figure of the Family Assistant

Creation of a Professional status for Family Assistants in 2005:family assistant is defined as a new profession in Social Work

same status, nationwideinitial and on-going training during 3 years (60h initial

preparation training prior to placement, then 240h on-going, compulsory )

Creation of a “Family Assistant” State Diploma (DEAF)

Who can become a carer ?Inclusion criteria:

Married or not, Single , Male or Female age over 25enough space for the foster child(ren) in the homeno Illnesses that would contradict fostering (such as…)Sufficient social equipment in the area(school, clinic etc..)good enough knowledge of French languagecapacity to offer a safe, healthy, nurturing environment“Rather Good”parenting skills

Exclusion criteria:/foster carer and adults in householdjudicial record n°2- banishment to work with children judicial record n°3 - Criminal offense

Licensing and RecruitmentPublic Private

Need to be licensed Need to be licensed

Individual assessment Individual + couple by Psycho& Soc W assessment by Psycho& Soc W

Meeting foster family at home Meeting foster family at home

Signing of a job contract Signing of a job contract

Training of Family Assistant :initial and « initial on-going »

Recruiting, training, support, monitoring, promoting are the employer’s responsibility. Training is at the employer’s cost.

Compulsory Initial training 60h prior to the first placement : information and preparation

Compulsory initial On-going training 240h over a maximum of 3 years, including: integration of the

child in care, educative care, professional communication, diploma examination (optionnal)

Foster care monitoring : the employer’s duty

public system: Child protection team (ASE) :Key social worker for the child (workload : 20 to 30 children/ Soc W)ASE psychologist : workload 100 to 250 children / psychol. emergency support 24/7 by peers

private services : more staff, and more pluridisciplinarymostly performed by the key social worker for the child (workload :

up to 20 children or up to 5 teenagers per social worker)psychologist : workload up to 30 children or 10 teenagers / psychol. emergency support 24/7 by the Service Manager(mostly)

Foster carers’ support systemorganized and delivered by local agencies, public or

privateThey are locally tailored-to-the-needs, as are recruitment

and training

Support tools include : -peer support, -mentoring, -on-going training-involvement in teamwork…

The profession of Family Assistant

same rights as in the general Working Code, except that there is no limitation in the number of working hours

working contract and monthly wage :1st child 120x legal minimal wage/hour/child (950€ after tax)2nd child 120+70x minimal wage /h/child (1200€ after tax)3rd child ( 120+70+50)(1400€ after tax)

Private sector : seniority impacts favorably the monthly wage Allowances for each child in care (on top of the wage) :Upbringing (30x14€) + Clothing ,Pocket money, Education Extra allowance for children with « complex situation » or special

needs (130€)

Family Assistant’s rightsNo taxes on wages

Holidays : 30 days per year (and a 13th month paid if the child

remains in the family during the holiday)

Sick leave

pension contribution and pension rights

unemployment rights

union rights, right to appeal if licensed is withdrawn

Family Assistant duties : as members of the agency staff, theyParticipate in Care Planning

Meet the child’s key social worker at least once a month(+ phone

any time)

Are encouraged to keep a daily record of care

Are encouraged to write down observations and report

Participate in case conferences with the agency’s staff

Have an obligation to disclose (in the framework of « disclosure

with shared secrecy ») if the child reveals abuse or neglect (as any

other social worker under French Law)

Different types of care… but not of carers. In child protection :Emergency careFamily foster care for teenage mothers « Modulated » care (weekdays or weekends) Short-term Assessment placement for the infants and

toddlers 0-5 Placement for Infants and toddlers (0-5)Placement for adolescentsSpecialised placement : complex child and parental

situations (mental illness/drug addiction)

Several use for Foster Care child protection: most of children under the « Protection system » (in care), financed by General Council(local taxes in each region, decentralised)

disability : Less children, out-of-home, « specialised » care, financed by social security funds(social security -State)

Mental illness :very few children, out-of-home mental healthcare, financed by social security funds (State)

Promotion of Foster Carethere are not national promotional or informational

campaigns (the professionalization of fostering might play a part, here)

Some regions have a website to inform about Fostering

Each service deals independently with the promotion and information about fostering and the recruitment of its carers

The Voice of the Child is heard :

In Court : Children aged 7 (and sometimes less)Meeting with the Minor’s Judge at the child’s requestWith their key worker (or the agency’s Psychologist)Compulsory if change in the care plan and situation of

the child Duty of the fostering agency : information on the child’s

rights (Law 2002-2) Useful Tool for the child : The Lifebook

Biological parents : indirect users and partners with rights

To be informed about the child, and the services provided. To sign down the “Individual Care Document” (DIPC)To be informed on the Individual Personalised Project To keep their parental responsibility (in most cases)To be partners : consulted, associated and involved in the

design and the review of their child’s care plan.To keep the right to decide in every aspect related to parental

responsibility (school education, healthcare, religion).

Weaknesses of Family placement in France : professional status of carers

To what extent can fostering be considered a « profession »? It’s not « just a job »!

The need for permanency and continuity of care is not compatible with the General Working Code (maximum number of working hours, etc.)

The emotional and affective impact makes fostering a very special work, indeed.

Such specificity needs to be protected.

Strengths of Family Placement in France

The training of Family Assistants

Integration in multidisciplinary teamwork(in progress)

The recognition of fostering as being a « work » : requiring tasks, tools, knowledge, skills, competences, rights and duties, a salary, and being part of the multidisciplinary team

Strengths of Family Placement in FranceThe fostering agency carries and guarantees the child’s

project (third party role)Such« third party » role balances and regulates between:

the child, the foster family, the biological family.

The fostering agency’s commitment into quality of monitoring and support to the foster carer is the counterpart of the personal and human commitment they require from the foster families.

Recommendations and wishes for the futureGeneralise public agencies’ « specific units for family

placement »Differentiate short, middle and long term placementClarify the project for the childDevelop Permanency and long term care planningDelegate more often parental authorityFacilitate the open adoptionImprove the initial assessment and its methodology

Recommendations and wishes for the future

Develop the ongoing training on « clinical aspects of family placement »

Train and train with the minor’s judges and the social workers in such clinical matters

Develop Co-parenting instead of « substitution model » Strengthen support and monitoring Create real partnerships between Fostering ,Residential care

and Adoption services in Child Protection

Thank you for your attention!

This presentation is the fruit of a cooperative work betweenANPF the French National Association for Family Placement

www.anpf-asso.org andAPFEL Acting for the Promotion of Foster care at the European

Level

Please feel free to join us and network atapfelnetwork@gmail.com

Power Point made by Vincent Ramon & Frédérique Lucet