Unaccompanied child

Protecting an unaccompanied minor in France

A person who states that they are under 18 and without family protection must receive emergency care and an assessment of age and isolation. Immediate health and safety needs cannot be reduced to checking identity documents.

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Emergency care and a period of respite

The departmental authority where the person is located must arrange provisional emergency care. The initial period is five days and may be extended twice for the same period. The public prosecutor is informed of the care and any extension.

Assessment takes place during that period after time for respite. Health needs must be identified so that appropriate care can be arranged. Any illness, interrupted medication, injury, danger, trafficking concern or complete lack of accommodation should be reported immediately.

Scope and safeguards of the assessment

The assessment considers identity, age, family of origin, nationality and isolation. It draws on interviews, documents presented and other available material. The person must be told the purpose and significance of the process.

Interviews must take place in a language the person understands, with a neutral interpreter where needed, and in conditions of neutrality and care. Ask which organisation is conducting the assessment, report any comprehension difficulty and seek immediate correction of an important factual error.

Prepare the account and preserve evidence

A simple chronology helps explain the history: place and date of birth, family members, schooling, the event that led to departure, countries crossed, adults encountered and date of arrival in France. It is better to identify an uncertainty than replace it with a guessed answer.

Document checklist: original civil-status records, existing copies or photographs, envelopes, school and medical records, family contacts and notices. Do not alter an original. If a document is handed to a service, request a receipt or retain a legible copy.

The departmental decision and next steps

If the person is accepted as a minor without family protection, they enter the child protection system. If not, the department must notify a reasoned refusal of care stating the available remedies and time limits and provide information about rights available to adults.

The person may request the social assessment report and the assessors' reasoned opinion. Keep the decision, its envelope and the date it was delivered. If emergency care ends while an immediate protection need remains, accommodation, health and safety must be addressed without waiting for the dispute to end.

A child may apply directly to the children's judge for protection under the educational assistance procedure. The application should set out the claimed age, isolation, current danger, departmental decision and available documents. A lawyer can identify the appropriate court application and any urgent relief required.

Child protection, asylum, civil status and immigration status are separate legal issues that may proceed in parallel. A child should not wait for an immigration procedure to end before seeking protection required because of age and isolation.

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You can send the firm the essential facts, relevant dates and any known deadline.

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Frequently asked questions

Can adulthood be inferred solely from refusing fingerprint collection?

No. The French Social Action and Families Code prevents adulthood being inferred solely from refusal to provide fingerprints or solely from an existing entry in specified databases.

Does the absence of a passport prove that the person is an adult?

No. The decision must consider interviews, available documents, information obtained and any other relevant material. The absence of one particular document does not replace that overall assessment.

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