193.These measures can be taken at the joint request of the father and mother or any
one of them, by the person or service caring for the child, or the child’s guardian, the
child himself or even the Prosecution. The juvenile judge may also use a self referral
process.
194.The extended family intervenes in the case where the biological parents are facing
serious difficulties. Traditional authorities, Tangalamena, Sojabe, ampanjaka,
Raiamandreny play an important role in parental guidance. The leaders of fokontany,
and the various members of local communities are invested with the obligation and
duty to assist families in need and refer them to appropriate services.
195.When the safety, the physical or moral integrity, health or education or education of
the child are compromised, Article 50 of Act No. 2007-023 empowers juvenile judges
to decide on the placement in another family, an accredited institution or trustworthy
person.
196.In such situation, there will be a periodic assessment of the child's placement and
the review of the decision will be considered, if necessary, in the best interests of the
child. Indeed Act No. 2007-023 in Article 51 states that "when the measure of
educational assistance decided by the juvenile judge consists of the child's
placement in another family or institution, the duration is three months renewable, the
educational assistance measure may be replaced or renewed by a reasoned
decision based on the evolution of the situation of the child. In no case, the duration
of the measure may exceed two years.
Day care service
197.In urban areas some public or private day care services cater for children from
families or from two working parents.
b. Separation from parents (articles 19.2 and 3 and 25)
198.Act No. 2007-022 of 20 August 2007 relating to marriage and matrimonial regimes
gives to women, as for the men, the right to choose by agreement the common
residence. Parents exercise parental authority together. Children live with their
parents in the chosen residence.
199.Children are not separated from their parents against their will except by judicial
decision. This may happen, in the case of child placement in a rehabilitation centre
for minors or in penal insitutions.
200.Similarly in case of guardianship, this may happen only when parents have died or
are unable to exercise their responsibilities towards their children according to Article
25 of Act No. 2007-023 of 20 August 2007 on the Rights and Protection of the child.
201.In case of separation between the child and one parent or both, the child has the
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