French Senate revises child protection bill

The French Senate has significantly revised a child protection bill after three days of debate, concluding on October 29, with several disagreements with the government. Senators will formally vote on the final text on Monday, November 3.

Bill's scope expanded by new revelations

Originally designed to address the crisis in child social assistance (ASE), the bill has gradually expanded in scope due to new revelations and political pressures. The number of children in care has increased by more than 50% in 25 years, reaching 392,600 today, while the sector faces an estimated deficit of 30,000 professionals.

Sexual violence revelations shape bill

Revelations about sexual violence in after-school care and the Lyhanna case have profoundly influenced the text. The government added several articles to the bill in the National Assembly, shifting focus toward combating pedocriminality and controlling adults in contact with minors, sometimes at the expense of addressing the structural crisis in child protection.

Imprescriptibility of sexual crimes restored

The Senate restored the imprescriptibility of sexual crimes committed against minors by 252 votes against 80 and six abstentions. This measure had been rejected in the laws committee by rapporteurs Agnès Canayer (LR) and Dominique Vérien (Union centriste), who feared it would destabilize criminal law. The government defended the change, and the amendment was finally adopted by a large majority.

Penalties for sexual violence increased

Senators have also revised the scale of penalties for sexual violence against minors. Deputies and senators agree on the possibility of imposing life imprisonment in cases of serial rapes involving minors under 15. For victims over 15, the Senate has retained a thirty-year sentence when multiple aggravating circumstances are present.

Lyhanna case provision reintroduced

The government restored a provision from the Lyhanna case, against the opinion of the committee. Persons accused in cases of crimes against minors will now be heard within a maximum of three months unless the investigation requires otherwise. The rapporteurs had argued this mainly raised issues of resources for investigative services.

Derogation from penalty cap rejected

The senators rejected a derogation from the cap on accumulating penalties for violence against minors, introduced by the National Assembly. This provision would have allowed for harsher cumulative sentences in certain cases.

Child safety order reintroduced

The child safety order was restored by 171 votes against 170. Introduced in the National Assembly, the measure had been removed by the Senate laws committee. Inspired by protection orders for domestic violence victims, it allows the public prosecutor to act quickly when a child is in danger, especially in cases of suspected incest or mistreatment.

Enhanced checks for adults in contact with children

An enhanced honorability check for adults in contact with children was adopted as a key element of the text. The provision includes prohibitions for serious convictions, temporary suspensions during investigations, and a secure system for checking judicial records. These checks must be conducted at least once a year and will apply to transport professionals and those convicted of cruelty to animals.

Improvements for children in care

The text retains several measures intended to improve the daily life of children placed with the ASE. These aim to avoid disruptive changes and prefer family placements over institutional ones. The Senate reduced the period for characterizing neglect in children under three from twelve to eight months, contrary to the National Assembly’s proposal of six months.

Support for trusted third parties and family assistants

The text encourages the use of trusted third parties, such as close relatives, to accommodate children when needed. It also improves conditions for family assistants, including a "relay" accommodation device to provide rest time and enhanced training in identifying sexual violence.

Rights and autonomy of placed children

The text aims to better protect the rights and autonomy of children in care. Starting January 1, 2028, the State will take over the management of 119, the national number for children in danger. Children placed with the ASE will be able to open personal deposit accounts from age 14 without parental authorization.

Departmental councils informed of criminal cases

The president of the departmental council will be informed when a criminal procedure involves facts of which a child placed with the ASE could be a victim.

Senate rejects government proposals on emergency care

The Senate did not follow the government on all proposals. On emergency accommodation, the government was outvoted. Its amendment, which would have allowed temporary care outside the ASE for up to two months, was rejected by 198 votes against 144.

Final arbitration ahead

After the vote on November 3, deputies and senators must work to align their positions in the mixed committee (CMP). Several points of divergence remain, including the duration of parental neglect, accumulation of penalties, and emergency accommodation rules. A final arbitration is needed for a text that has strayed from its original course due to current events.