French Civil Code
In forceIf the protection of the child so requires, the children's judge may decide to entrust the child:
1° To the other parent;
2° To another member of the family or a trustworthy third party;
3° To a departmental child welfare service;
4° To a service or establishment authorised to receive minors on a daily basis or according to any other form of care;
5° To an ordinary or specialised health or education service or establishment.
Unless it is an emergency, the judge may only entrust the child pursuant to 3° to 5° after assessment, by the competent service, of the conditions for the child's education and physical, emotional, intellectual and social development in the context of care by a member of the family or by a trustworthy third party, consistent with the project for the child provided for in Article L. 223-1-1 of the Social Action and Family Code, and after hearing the child when the latter is capable of discernment.
However, when an application for divorce has been made or a divorce judgment has been handed down between the father and mother, or when an application to rule on the residence and visiting rights relating to a child has been made or a decision has been handed down between the father and mother, these measures may only be taken if a new fact of such a nature as to entail a danger for the minor has come to light subsequent to the decision ruling on the arrangements for the exercise of parental authority or entrusting the child to a third party. They may not prevent the family court from deciding, pursuant to article 373-3 of this code, to whom the child should be entrusted. The same rules apply to legal separation.
The public prosecutor may directly request the assistance of the police to enforce placement decisions made in educational assistance.
