In-home child welfare support (Assistance éducative en milieu ouvert – AEMO) is a central measure in French child protection law.
Its purpose is to protect minors at risk while preserving, as much as possible, family ties and the child’s stability within their original environment.
Regularly reformed and enriched by case law, this mechanism is closely monitored by juvenile judges, child welfare professionals, and the families involved.
Below are the essential points to understand about AEMO.
1. What Is AEMO? A Principle of Keeping the Child Within the Family
AEMO is a court-ordered measure issued by the Juvenile Judge when a child’s safety, health, morality, or education is at risk, but the situation does not justify placement outside the family home.
The objective is to support the family in exercising parental responsibilities, ensure the child’s protection, and monitor the situation’s progress while avoiding disruption of parental bonds.
The judge favors AEMO whenever possible, in line with the principle of minimal intervention: separation between the child and their family must remain the exception, while preserving family ties remains the rule.
2. When and How Is AEMO Ordered?
AEMO is ordered when the Juvenile Judge finds that the child is endangered in their environment but believes the child may safely remain with the family if appropriate support is provided.
It may be requested by the parents, the Public Prosecutor, or proposed following a report from social services.
The Juvenile Judge has exclusive jurisdiction in this matter.
They may order AEMO even if the Family Court Judge (juge aux affaires familiales) has already ruled on the child’s residence, without the need to prove new circumstances.
3. Objectives of AEMO
In-home child welfare support pursues three main objectives:
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- Support and advice for the family: assisting parents with difficulties, whether material, educational, psychological, or social
- Protection and monitoring of the child: ensuring the child’s well-being and development
- Control and evaluation: providing periodic reports to the judge on the child’s situation and the measure’s effectiveness
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4. Practical Arrangements and Duration of AEMO
AEMO is generally carried out by a specialized service (licensed association, departmental child welfare agency, etc.).
Professionals (educators, social workers) visit the family home, provide personalized support, and collaborate with all actors involved.
The measure is ordered for a fixed period (generally less than two years), renewable if necessary, and may include specific obligations (school attendance, medical treatment, etc.).
If these obligations are not respected, or if the child’s situation worsens, the judge may convert AEMO into an out-of-home placement order.
5. Reinforced AEMO and Exceptional Housing Arrangements
Since the law of February 7, 2022, the Juvenile Judge may intensify or reinforce AEMO if required by the situation, for a maximum duration of one year, renewable.
The judge may also authorize exceptional or periodic out-of-home housing of the child.
This temporary housing arrangement is designed to address crisis situations or occasional parental unavailability, while avoiding institutional placement whenever possible.
6. Role and Rights of Parents During AEMO
Parents retain the exercise of parental authority, unless the judge decides otherwise.
They may object to certain arrangements, particularly exceptional housing, in which case the judge will rule on the matter.
7. The Child as an Active Participant: Hearing and Right to Be Heard
A child capable of discernment may be heard by the judge during child welfare proceedings, pursuant to Article 388-1 of the French Civil Code.
A minor may even petition the Juvenile Judge directly if they believe themselves to be in danger, which constitutes an exception to the general rule of a child’s legal incapacity.
8. Procedural Safeguards: The Principle of Due Process
Child welfare proceedings are governed by strict procedural safeguards.
The principle of due process (contradictoire) must be respected at every stage: access to the case file by parents, the right to defense, and the child’s right to be heard.
9. Relationship with the Family Court Judge
The Juvenile Judge intervenes exceptionally, on a temporary and protective basis, when a child is in danger.
They cannot permanently alter parental authority arrangements set by the Family Court Judge, unless a new situation arises that endangers the child.
Conclusion: A Flexible and Protective Measure
In-home child welfare support (AEMO) provides an effective solution to protect children while limiting family disruption.
It places the best interests of the child at the heart of the mechanism, while safeguarding parental rights.
Recent legal reforms have reinforced the flexibility and adaptability of AEMO, ensuring a stronger balance between judicial oversight and professional child welfare support.
For further questions, feel free to schedule an appointment.