b. To another relative or a trusted person;
c. To a public service in charge of child care;
d. A public institution or an educational institution, vocational training or care (art. 56).
350.He can also supplement the referral to the parents or a trusted person by a formal
observation with an education service and probation and request for this purpose, that
an educator follows the minor in their family, school or possibly professional
environment (Article 5). All measures taken may at any time be amended by the
judge. This ability to change the decision frees the magistrate of any narrow
procedural impediment and allows him to act in all circumstances in the exclusive
interest of the child (Article 8).
351.Ordinance No. 75-64 of 26 September 1975 establishing facilities and
services for the Protection of Children and Adolescents: For a more efficient
action of the juvenile judge in the field of prevention and social defence, Ordinance
No. 75-64 of 26 September 1975 establishes a board at each institution for the
protection and rehabilitation of minors, to coordinate treatment programmes and
education of children who are accommodated in the centres. Called "Education Action
Board" chaired by the juvenile judge (art. 17), it shall be convened by its chairperson
at least once a quarter.
352.In order to ensure the protection of children and adolescents, the Ministry of
National Solidarity, Family and the Status of Women is responsible for the
implementation of measures to protect minors whose conditions of existence and
behaviour may jeopardize their social integration. To enable it to fulfil its mission, the
legislature has created various institutions and services:
a. Specialised rehabilitation centres;
b. Specialized protection centres;
c. Observation services and community education;
d. Multipurpose centres of youth safeguarding.
353.Juvenile judges and juvenile courts are only authorized to order final or
temporary placements in the aforesaid centres and services. In any case, temporary
placements (defined by article 455 of the Criminal Procedure Code and Articles 5 to 7
of Ordinance No. 72-03 of 10 February 1972) must not exceed six months. Any final
placement decision must be preceded by a social inquiry carried out by the
observation service and community education in boarding school or observation in the
community.
354.In addition to these two (02) ordinances, it should be noted the enactment of four
new texts:
- Executive Decree No. 12-165 dated 5 April 2012 concerning the redevelopment
status- type specialised institutions for safeguarding children and adolescents;
- The Ministerial Order of 22 May 2013 setting the internal organisation of specialised
institutions for safeguarding children and adolescents
- Executive Order No. 12-04 of 4 January 2012 on the status of standard facilities for
children in care
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