The Juvenile Judge (juge des enfants) plays a central role in France’s child protection system and in court-ordered child welfare measures. At the intersection of family, educational, and judicial concerns, the judge’s foremost duty is to safeguard the best interests of the child.
This article explains the role, responsibilities, powers, and safeguards surrounding the Juvenile Judge, as well as the rights guaranteed to families and minors.
1. Who Is the Juvenile Judge and When Do They Intervene?
The Juvenile Judge is a specialized magistrate, an emblematic figure in France’s child protection framework, present in every Juvenile Court.
They intervene primarily in two areas:
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- Child welfare proceedings (protecting children at risk): when the health, safety, or morality of a minor is in danger, or when the conditions of their education, physical, emotional, intellectual, or social development are seriously compromised.
- Juvenile criminal justice: the judge may also handle cases involving minors who are subject to criminal proceedings.
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2. Main Responsibilities of the Juvenile Judge
2.1 Protecting Children at Risk
The Juvenile Judge examines each situation individually and applies the principle of minimal intervention, favoring the child’s continued residence in the family home whenever possible.
Possible child welfare measures include:
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- In-home child welfare support: educational assistance provided to the family without separating the child.
- Out-of-home placement: if necessary, the child may be entrusted to a relative, another trusted person, or a specialized service, but only if the risk is serious.
- Intermediate measures: since the 2007 reform, alternatives between in-home support and placement may be ordered.
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2.2 Safeguarding the Rights of the Child and the Family
Proceedings before the Juvenile Judge are subject to strict procedural safeguards:
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- Systematic interview with the child: the judge must personally hear any child capable of understanding during the hearing.
- Appointment of counsel or a special representative: if required, an attorney or ad hoc guardian may be designated to represent the child.
- Access to the file: parents, guardians, or caretakers may consult the case file to ensure due process and adversarial procedure.
- Possibility of family mediation: the judge may propose mediation in child welfare cases, except in situations involving domestic violence.
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2.3 Adopting and Reviewing Measures
Each decision of the Juvenile Judge must be reasoned, time-limited (generally two years, renewable), and tailored to the child’s needs.
Regular reviews are mandatory: an annual report (every six months for children under age two) is submitted to the judge, including a pediatric, psychological, and social assessment.
3. Expanded Powers Since the 2022 Reform
The law of February 7, 2022 strengthened both the Juvenile Judge’s authority and procedural safeguards:
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- Referral to a panel of judges: for complex cases, the Juvenile Judge may refer the matter to a collegial formation of the judicial court, which they preside over.
- Enhanced oversight of placement changes: the president of the département council must inform the judge within 48 hours of any change in placement, particularly if it involves separating siblings.
- Broader authority in cases of parental negligence or conviction: the judge may authorize the custodian or institution to exercise certain aspects of parental authority, especially if parents are prosecuted or convicted for offenses against the child.
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4. Coordination with Other Judges: Family Court Judge and Guardianship Judge
Cases involving a child may fall under several magistrates (Juvenile Judge, Family Court Judge, Guardianship Judge—now the Judge for the Protection of Litigants).
The Code of Civil Procedure provides for structured communication between these judges to ensure consistency of rulings:
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- The Juvenile Judge may grant requests from the Family Court Judge or Guardianship Judge to share case files, unless doing so poses a serious risk to the child or a third party.
- The Juvenile Judge cannot modify a Family Court Judge’s decision on custody or visitation rights unless there are new circumstances and a placement order justified by the child’s endangerment.
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5. The Best Interests of the Child: A Fundamental Principle
In all decisions, the Juvenile Judge must be guided by the best interests of the child, a principle enshrined in both French and European law.
The Court of Cassation and the European Court of Human Rights have emphasized that any limitation on family relations must be justified by exceptional circumstances and motivated by the child’s concrete interests.
In Summary: A Key Actor in Child Protection
The Juvenile Judge acts to protect minors in danger while ensuring respect for family rights and the best interests of the child. Their decisions are subject to strict procedural safeguards and careful judicial reasoning.
Recent reforms, including the law of February 7, 2022, have strengthened both the judge’s powers and the rights of children in these proceedings.
For any questions regarding child protection, child welfare proceedings, or the coordination between different courts, it is advisable to consult a family law attorney who can guide you through these sensitive and complex procedures.