In applying this principle, the Congolese judge does not discriminate between children whether they are from Bantu or indigenous origins. The sole condition of being a child is enough to trigger consideration of the best interests of the defendant. Furthermore, the Family Code, in Articles 168, 178, 184, 185, 194 and 195 places particular emphasis on the special protection that must be reserved for the child born in wedlock, out of wedlock, adopted and even in separation or separated (one might add, and indigenous). Section 328 provides, for example, that "when the health, morals or education of a minor are jeopardized or insufficiently protected because of immorality or inability of the parents or the person vested with rights of custody, they can be deprived of their parental authority, or when the minor, by his/her misconduct or indiscipline gives them very serious reasons for discontent or makes it impossible to execute their right of guidance, the juvenile judge may ex officio or on request of the parents or guardian, decide that the minor be placed under probation. " Section 329 adds that "the District Court (Juvenile Crimes Division) upon referral of the juvenile judge may decide that the child be placed: (i) with another parent or trustworthy person; (ii) in a school or vocational school; (iii) in child care services; (iv) in a care facility or a medical-educational institute; (v) in a rehabilitation centre. " In light of Article 75 of Law No. 19/99 of 15 August 1999 amending and supplementing certain provisions of Law No. 022- 92 of 20 August 1992 on the organization of the judiciary, in this case, it is the juvenile judge who is qualified to decided on cases in which the health, morals or education and safety of children are at risk. The State may remove the child from the family environment when it is likely to represent a threat to morality or physical health of the child. Parents can, for the child's interest, be deprived of their authority and thus be withdrawn all or part of the rights attached to it (Articles 331-341). The law provides that they are placed with: (i) child care services; (ii) duly authorized institutions or associations; (iii) individuals. In fact, the problem is that of the existence or the appropriate level of functioning of these institutions. As at today we must recognise that they have either disappeared or are in rehabilitation or do not work. These include: the services of educational activities in an open environment, rehabilitation centres and support services to the child. Other state and non-state structures contribute to the rehabilitation of children in conflict with the law: (i) centres of the authorized voluntary sector; (Ii) districts social services (Social Affairs). 1. The educational welfare services in an open environment at juvenile courts are responsible for: - Ensuring the reception and information of minors and their families coming to court; - Providing to the juvenile judge all necessary information, care opportunities and placement in public and private centres; - Ensuring educational assistance and freedom monitoring measures respectively provided by sections 328 of the Family Code and Article 727 of the Code of Criminal Procedure; - Advising and providing guidance to parents, guardians and legal representatives of minors; 27