practices of this kind in no way helps judges to determine the greater suitability of one centre as
compared with another, for young persons of any particular character.
2.2.2.3 Should children be admitted according to selective criteria?
The idea of criteria that are too highly selective should be approached with caution, since it
would result in strong differentiation between CEFs, thereby creating an explicit or implicit
hierarchy between them, of which the children would inevitably be aware, which would almost
certainly lead to their adopting the attitudes associated with these differences.
Moreover, one would legitimately expect all young offenders’ institutions to provide the
services rendered necessary by the nature of their inmates. It is not desirable for certain
institutions to be “specialised” in admitting children with problems of mental health, or
addictions, or educational underachievement; in view of the fact that one should then expect to
encounter difficulties of this nature among the young people admitted, and would therefore have
to be ready to deal with them. Accordingly, in its reports, the Contrôleur général has noted
shortcomings with regard to the relations between the institutions and the mental health services
in their surrounding areas.
Except, therefore, for a few exceptions 63, it is necessary to avoid the
establishment of CEFS “specialised” in inmates of a particular type.
On the other hand, distinguishing between CEFs by means of their respective established
educational projects does not create any disadvantages when their differences arise from their
methods, since projects of this kind do not result in the formation of special types of inmate
populations (for example a project focused on the treatment of addictions would have the
detrimental effect of gathering young “heavy” drug users together). The resourcefulness of
certain associations and departments of the PJJ (Judicial youth protection service) has made it
possible to implement original and coherent programmes in certain CEFs. When sending
children to young offenders’ institutions, judges still need to be informed about these
programmes, in order to be able to make choices that are based upon matching the child to the
selected CEF, and not purely on the criteria of available places and geographical choice. It would
be surprising were it possible to use one single method in dealing with young people in need of
stability and guidance. Declared projects would also have the advantage of helping children to
find their bearings after a stay inside an institution, whilst consolidating the consistency of a stage
in their life path that often lasts for several years.
The wealth of experience acquired by the young offenders’ institutions since
the Act of 9th September 2002 should now make it possible to reinforce the
demands imposed upon managers in the elaboration of their educational
programmes. Of course, assessments, both internal and external, should
make it possible to distinguish rapidly between good and poor projects:
fragile children are not a field for experimentation.
2.2.3 Other observations and recommendations with regard to young offenders’
institutions
In particular, the existence or absence of established and implemented
educational projects now constitutes one of the major elements of
differentiation between CEFs.
63
The exclusive admittance of girls (in view of the difficulties of managing the mixing of sexes in CEFs) certainly
constitutes one such exception, and possibly the only one: it is therefore appropriate to offset the associated
disadvantages (here the absence of families has been emphasised in particular) by means of special measures.
35
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