Social Action and Families

Families law

I. Social and medico-social establishments and services within the meaning of this Code shall mean establishments and services, whether or not having their own legal personality, as follows:

1 ° Establishments or services usually taking charge, including prevention, of minors and adults under twenty-one years of age falling under Articles L. 221-1 , L. 222-3 and L. 222- 5;

(2) Teaching establishments or services which provide, as a main part, adapted education and social or medico-social support for minors or young adults with disabilities or difficulties with adaptation;

3 ° The centers for early medico-social action mentioned in Article L. 2132-4 of the Public Health Code;

4 ° Establishments or services implementing the educational measures ordered by the judicial authority pursuant to Ordinance No. 45-174 of February 2, 1945 relating to delinquent childhood or Articles 375 to 375-8 of the Civil Code Or concerning persons under the age of twenty-one years or the measures of investigation prior to the measures of educational assistance provided for in the Code of Civil Procedure and by Order n ° 45-174 of 2 February 1945 relating to delinquent childhood ;

5 ° Establishments or services:

(A) Aid through work, with the exception of structures for the activities referred to in Article L. 322-4-16 of the Labor Code and adapted enterprises as defined in Articles L. 323-30 et seq. Same code;

(B) Rehabilitation, preorientation and vocational rehabilitation referred to in Article L. 323-15 of the Labor Code;

(6) Institutions and services which take in elderly persons or provide them with assistance at home in the daily activities of life, care or support for social integration;

(7) Institutions and services, including foster care homes, which accommodate persons with disabilities, irrespective of their degree of disability or age, or persons with chronic illnesses who bring them home in The daily acts of life, the provision of care or assistance for social integration or which provide them with medical and social support in an open environment;

(8) Establishments or services with or without accommodation, ensuring reception, particularly in emergency situations, social support or accompaniment, adaptation to working life or the social and professional integration of persons or Families in distress or in distress;

(9) Institutions or services which provide services to persons with specific difficulties in order to facilitate their adaptation to the labor market and to support social and occupational integration or to provide services Care and medical follow-up, including centers for care, accompaniment and prevention in addictology, reception and support centers for the reduction of risks for drug users, structures called “halt beds for health care” , The so-called “hospitalized hospital beds” and the therapeutic coordination apartments;

(10) The homes of young workers who fall under the provisions of Articles L. 351-2 and L. 353-2 of the Construction and Housing Code;

(11) Establishments or services, referred to as resource centers, information and coordination centers or community service providers, implementing screening, assistance, support, training or other activities, Information, advice, expertise or coordination for the benefit of users or other institutions and services;

(12) Experimental establishments or services;

13 ° The reception centers for asylum seekers mentioned in Article L. 348-1 ;

(14) Services implementing the measures for the protection of adults ordered by the judicial authority under the special warrant which may be used in the context of the safeguard of justice or under the guardianship, guardianship or Judicial accompaniment;

15 ° Services implementing judicial measures to help manage the family budget;

16 ° Services providing personal assistance services at home or assistance for mobility in the local environment for the benefit of fragile families, the list of which is fixed by decree.

Social and medico-social establishments and services provide services at home, in ordinary living conditions, in family care or in a care facility. They provide permanent, temporary or sequential reception, full or part-time, with or without accommodation, boarding, semi-boarding or day school.

II.-Minimum technical conditions for the organization and operation of establishments and services falling within the categories mentioned in this Article, except for item 12, shall be defined by decree after consultation with the Social Section of the National Committee Health and social organization.

The establishments mentioned in 1 °, 2 °, 6 ° and 7 ° of the I are organized in living units favoring the comfort and the quality of stay of the persons accepted, under conditions and deadlines fixed by decree.

The establishments and services mentioned in 1 ° of the same I shall organize themselves in such a way as to guarantee the safety of each of the minors or adults under the age of twenty-one years who are admitted to it.

The services provided by the establishments and services mentioned in 1 ° to 15 ° of the I are carried out by qualified multidisciplinary teams. These institutions and services are managed by professionals whose level of qualification is fixed by decree and after consultation with the professional branch or, failing that, by the federations or bodies representing the management bodies of the social and medico-social establishments and services concerned.

Associations which organize the intervention of volunteers in public or private social and medico-social establishments must conclude with these establishments a convention which determines the modalities of this intervention.

III.-Places of life and reception which do not constitute social and medico-social establishments and services within the meaning of I must apply Articles L. 311-4 to L. 311-8. They are also subject to the authorization referred to in Article L. 313-1 and to the provisions of Articles L. 313-13 to L. 313-25 , since they do not fall under the provisions of Title II Book IV relating to maternal assistants, or those relating to private individuals housing elderly or handicapped persons provided for in Title IV of that book. A decree sets the minimum and maximum number of persons that these structures can accommodate and their rules for financing and tariffs.

IV.-Specialized prevention teams falling under 1 ° I are not subject to the provisions of Articles L. 311-4 to L. 311-7 . These provisions also do not apply to investigative measures prior to the measures of educational assistance provided for in the Code of Civil Procedure and by Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency.

V. Participants in vocational training shall carry out the pre-training, training and work-preparation activities carried out in the social and medico-social establishments and services mentioned in 2 °, a of 5 ° and 12 ° of I of this Article For young people with disabilities or with difficulties of adaptation, and 4 ° for the same I, as well as in institutions and services agreed or empowered by the judicial protection of youth.

VI.-Establishments falling under 6 ° or 7 ° of I may offer, in conjunction with the temporary accommodation of elderly persons, persons with disabilities or persons suffering from chronic disabling diseases, a holiday for caregivers of such persons .

Paragraph 1 of Article L. 313-4 shall not apply to the stays mentioned in the first paragraph of this VI.

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