probation orders as well as of correlative obligations to comply with CEF placements and the
rules and regulations of the institutions concerned, subject to the revocation of any measures
ordered without such notification.
On the other hand, no legal provisions provide for the issuing of express notification of
their rights to minors placed in CEFs, or to their parents, at the time of their arrival.
Nevertheless, Act no. 2002-02 of 2nd January 2002, reforming social and medico-social
initiatives, promotes the right of users in departments and institutions of the judicial youth
protection service in particular. This Act, which is applicable to CEFs, confers the position of
“indirect users” upon parents, insofar as they have not lost parental authority from the sole fact
of the measure. By virtue of this Act, the rights pertaining to minors placed in CEFs are those of
users rather than captives.
In reality, the minor’s parents or legal representatives may receive a dossier for new
arrivals, including the rules of operation of the CEF and the booklet for new arrivals. The charter
of rights and liberties of persons committed to the institution is sometimes also attached to the
rules and regulations.
Although the family is sometimes received from the time that the minor arrives in the
CEF, with the documents being handed over to them directly, in practice the relation between
minors and their families is often restricted, in particular for the first days following their arrival.
Minors do not receive any visits and, in principle, do not communicate either by telephone or
letter with their parents. Initially, the information given to the latter on the rights of their child
and on the functioning of the CEF is often kept to a minimum.
It was ascertained that these rules and regulations – which are designed to be signed by
minors after their arrival – are not always countersigned by their parents. At best, parents are
asked to give an opinion on the individual plans established by and for their child and informed
of serious events concerning the latter. However, they are rarely placed in a position to make real
decisions concerning them, including with regard to the organisation of their penal defence. No
information is passed on to them by the staff of CEFs.
Notification of the legal representatives of patients hospitalised in
psychiatric wards
In the case of minors – apart from the scenario of committal for psychiatric treatment at
the request of a representative of the State – their legal representatives are responsible for
treatment (and discharge) decisions; in which they should involve the child insofar as possible.
As far as adults are concerned, if they are not in a state to express their wishes, their
family, a close relation, or their guardian have to be informed of committal decisions and placed
in a position to have their remarks taken into account throughout the duration of the
hospitalisation.
The law makes an obligation to notify adult wards incumbent upon court-appointed
conservators 238. In practice, within the care and treatment frameworks encountered by the
inspectors, conservators hardly ever go to hospital wards and rarely ask to see doctors. They do
not therefore place themselves in a position to comply with their obligation of notification with
regard to adults placed under their protection.
238
Article 457-1 of the civil code provides that: “Wards receive from the person in charge of their protection,
according to modes appropriate to their condition and without prejudice to information that third parties are bound to
provide to them pursuant to the law, all information on their personal situation, the acts involved, their usefulness,
their degree of urgency, their effects and the consequences of any refusal on their part”.
152
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