Bill defended before Senate commissions

On Tuesday, October 20, three ministers defended the proposed child protection bill before the Senate commissions on laws and social affairs, one week before its scheduled examination in session. The bill, initially focused on addressing flaws in child protection services (ASE), was expanded following revelations about sexual violence in schools and the death of young Lyhanna.

Bill's evolution and timeline

The bill is set to be examined by the Senate starting October 27, with the government aiming for final adoption in early 2027. Originally intended to address the long-standing crisis in child protection, the text was revised twice—first in response to school sexual assaults and then after Lyhanna’s death—shifting its focus toward placed children, sexual violence prevention, and oversight of adults working with minors.

Findings from information mission

Muriel Jourda, president of the law commission, referenced the findings of an information mission by the two senatorial commissions. The mission, whose report was released in April, identified structural weaknesses in the child protection system despite multiple reforms. These weaknesses have been a persistent concern among professionals and elected officials.

Focus on continuity and stability for placed children

Gérald Darmanin, the Keeper of the Seals, emphasized the need for continuity in protecting placed children, especially from returning to abusive environments. He supported the creation of a "family judge" to centralize responsibilities currently spread among several judges. However, he acknowledged the need to clarify how this role would coordinate with existing child safety measures.

Tailored approach for children’s needs

Stéphanie Rist, Minister of Health and Families, advocated for a personalized approach to child protection, prioritizing family accommodation and educational support when safe. She also supported simplifying the adoption process when it aligns with a child's long-term well-being, aiming to provide tailored solutions for each child’s unique situation.

Checks on professionals working with minors

The bill includes provisions to expand and standardize background checks for professionals and volunteers working with children, including those in schools, after-school programs, and sports. Édouard Geffray, Minister of National Education, noted that 88,000 reports were submitted in 2025 under Article 40 of the criminal procedure code, with 14,000 related to sexual violence against minors—a 32% increase from the previous year.

Regular checks and a unified file system

The bill proposes routine background checks for National Education staff every three to five years and requires certificates of honorability for occasional interveners. Geffray also proposed a unified digital file for school, after-school, and sports sectors to track individuals excluded due to misconduct. This would prevent dismissed adults from re-entering the sector. However, he admitted the current framework needs legal refinement.

Improved information for families and training for staff

Families would be required to be informed of the names of after-school care staff responsible for their children. Geffray also emphasized the importance of training, proposing that at least one trained adult in each school be capable of identifying signs of violence. Teachers would undergo training in identifying sexual and sexist violence over four years.

Reforms in criminal procedure

Darmanin supported reforms to the criminal process to better connect pedocriminal cases and identify patterns. He personally backed the idea of making sexual crimes against minors imprescriptible, though he had concerns about extending this to all crimes targeting children due to potential legal challenges.

Victim-centered approach and penal consequences

Darmanin argued that victims should have a more central role in the criminal process, noting that some suffer "secondary victimization" during legal proceedings. He supported measures to exclude sexual offenders from early release and to provide medical care to reduce the risk of reoffending.

Limitations of current information systems

When questioned about a unified digital file, Rist acknowledged that 77% of users are dissatisfied with current information systems. The goal is to improve data sharing between professionals to prevent gaps in monitoring and enable faster responses to threats.

Importance of trained personnel and reporting

Senators stressed that even the best tools are ineffective without trained staff and effective reporting procedures. Geffray emphasized that no child who confides in a trusted adult should be ignored, highlighting the need for a responsive system.

Remaining issues and pending clarifications

Several issues remain unresolved, including support for young adults leaving the ASE and the specific needs of children with disabilities. Rist referred these to a broader strategy that includes housing, integration, and health. While protection goals are in agreement, concrete implementation details remain unclear.

Senate to clarify key provisions

The Senate’s examination, starting October 27, will need to clarify the operation of the child safety order, honorability checks, and tracking systems. Senators are also awaiting assurances on human resources, the legal soundness of new files, and coordination among services.