Key Benefits:
The Prime Minister,
On the report of the Minister of Solidarity, Health and the Family,
Given the Code of Social Action and Families, in particular Article L. 441-4 ;
Given the social security code;
In view of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, in particular Article 21;
In view of Decree No. 2001-492 of 6 June 2001, The application of Chapter II of Title II of Law No. 2000-321 of 12 April 2000 on the acknowledgment of receipt of applications submitted to the administrative authorities;
The Conseil d' Etat (social section) heard,
Décrète:
Chapter I of Title IV of Book IV of the Code of Social Action and Families reads:
"Chapter I
" Family Home and Accreditation
"Section 1
" Registration Request
Terms and Time of Statement
" Art. R. 441-1. -To obtain the approval referred to in Article L. 441-1 of this Code, the person or couple proposing a reception at his home, as usual and expensive, of elderly or disabled adults shall:
" 1 ° Justify of conditions Reception to ensure the health, safety, physical and moral well-being of the persons received;
" 2 ° Ensure that the reception is carried out on an ongoing basis, in particular by proposing in the contract referred to in Article L. 442-1, Satisfactory alternatives for the periods during which the reception would be interrupted;
" 3 ° Arrange of housing whose condition, dimensions and environment meet the standards laid down in Article R. 831-13 And by the first paragraph of Article R. 831-13-1 of the Code of Social Security and are compatible with the constraints related to the age or disability of such persons;
"4 ° commit to initial and continuous training;
" 5 ° Accept that the social and medico-social follow-up of the welcome can be assured, including through site visits.
" Art. R. 441-2. -The application for authorisation, drawn up on a form laid down by the President of the General Council, shall specify in particular:
" 1 ° The maximum number of elderly or disabled persons the applicant wishes to receive, as well as, Where applicable, the distribution between these two categories of persons;
" 2 ° If the intended reception is part-time or full-time.
" Art. R. 441-3. -The application shall be addressed to the President of the General Council of the applicant's department of residence by registered letter with a request for notification of receipt.
" This authority has ten days to acknowledge receipt or, if requested Is incomplete, to indicate, under the conditions laid down in the Decree of 6 June 2001, the missing parts whose production is essential for the processing of the application and to fix a time limit for the production of those parts.
" Art. R. 441-4. -The silence kept for more than 4 months from the date of acknowledgement of receipt of the complete file by the President of the General Council on the application for authorisation shall be deemed to be a decision rejecting the application.
" Art. R. 441-5. -Approval granted for a period of 5 years.
" The approval decision refers to the number, within the limit of 3, of persons who can be accommodated in the home of the person or couple, the intended reception arrangements, as well as the case Distribution between the elderly and the disabled.
" Art. R. 441-6. -A minimum period of one year must precede any new request following a decision to refuse or withdraw authorisation.
" Art. R. 441-7. -In the year preceding the date of expiry of the approval or renewal decision, the President of the General Council shall indicate, by registered letter with notice of receipt, to the family home that he must submit an application for Renewal of registration at least four months before that deadline if it intends to continue to benefit from it.
" The application for renewal of the registration shall be filed and processed under the same conditions as the initial application.
" Folder Shall be supplemented, in the case of the first renewal requested, by a document attesting that the applicant has followed the training referred to in Article L. 441-1.
" Art. R. 441-8. -In order to gather the elements of assessment necessary for the investigation of applications for approval or renewal, the President of the General Council may appeal to the competition of legal persons governed by public or private law falling within 6 ° and 7 ° I of Article L. 312-1 of this Code having concluded a Convention with the Department to that effect.
" Family friendly persons are required to provide the departmental services and the institutions or organizations they designate to this All the information requested and directly related to the performance of their missions.
" Art. R. 441-9. -The period referred to in the second subparagraph of Article L. 441-2 shall be three months.
" Art. R. 441-10. -In case of change of residence within the department, the family member must notify the new address to the President of the General Council by registered letter with a request for notification of receipt, at least one month before his Move in.
" When the family member changes the department of residence, he shall, in the same manner and time limit, notify the President of the General Council of his new department of residence, together with a copy of the decision Referred to in R. 441-5.
" The Chairman of the General Council of the Department of Origin shall, at the request of the Chairman of the General Council of the new Department of Residence of the family home, transmit the file referred to in Article R. 441-2.
"Section 2
" indentation advisory commission
" Art. R. 411-11. -Where the President of the General Council considers in accordance with the conditions laid down in Article L. 441-2 to withdraw an authorisation or to impose a restriction on it, he shall, for the opinion of the Advisory Committee for withdrawal, refer the matter to the President, indicating the contents of The preliminary order and the reasons for the proposed decision.
" The family member concerned shall be informed at least one month before the date of the meeting of the committee, by registered letter with the request for a notice of receipt, of the reasons for the Decision considered against him. It shall be invited to submit to the committee its observations in writing or to communicate it to the committee meeting. He may be assisted by a board of his choice.
" The commission shall deliberate outside the presence of the person concerned or the person assisting him.
" Art. R. 441-12. -The advisory committee for withdrawal established by Article L. 441-2 of the Code of Social Action and Families includes, in equal numbers, members representing:
" 1 ° The department.
" 2 ° Registered family homers in the Department.
" 3 ° Associations of the elderly and people with disabilities.
" The Chairman of the General Council shall determine by order the number of members of the Commission within the limit of nine persons.
" Art. R. 441-13. -The Chairman of the General Council or his representative shall serve as Chairman of the Advisory Committee on Withdrawal.
" It designates its members.
" Family friendly representatives are selected by the Chair of the General Council Among the persons proposed by the associations of foster families declared in the department and, in the absence of an association, among the welcoming family members in the department of which he has applied for the application.
" Art. R. 441-14. -The term of office of the members of the Advisory Committee shall be three years renewable.
" Each holder shall have, for the duration of his or her term of office, an alternate, appointed under the same conditions.
" Art. R. 441-15. -Members of the advisory committee are bound by professional secrecy within the framework of the rules laid down in the Criminal Code. "
I.-It is created in Title IV of Book IV of the Code of Social Action and Families a Chapter 2 entitled:
"Chapter 2
" Agreement between the successful person
and the family home "
II. Article R. 442-1 reads as follows:
" Art. R. 442-1. -Disputes relating to the contract referred to in Article L. 442-1 of the Code of Social Action and Families fall within the jurisdiction of the Court of Instance of the place of residence of the family home. "
III. Article D. 441-6 becomes Article D. 442-2.
The welcoming hospitable persons must comply with the provisions of this Order within a period of not more than two years from the date of publication.
The last paragraph of Article R. 832-2 of the Social Security Code reads as follows:
" The characteristics of the premises assigned to persons accommodated pursuant to Articles L. 441-1 to L. 443-12 of the The code of social action and families are those laid down in Article R. 831-13 and in the first paragraph of Article R. 831-13-1 and are compatible with the age or disability constraints of these persons. "
The Minister for Home Affairs, Internal Security and Local Freedoms, the Minister for Employment, Labour and Social Cohesion, the Minister for Solidarity, Health and Family Affairs, the Minister of Social Affairs and the Ministry of Social Affairs Seals, Minister of Justice, Minister of Economy, Finance and Industry, Minister of Agriculture, Food, Fishing and Rurality, Associate Minister in the Interior, Minister Delegate to Housing and City, The Secretary of State for Disabled Persons and the Secretary of State for the Elderly, each as far as it is concerned, are responsible for the implementation of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, 30 December 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Solidarities,
de la santé et de la famille,
Philippe Douste-Blazy
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
The Minister of Employment,
and Social Cohesion,
Jean-Louis Borloo
The Seals Guard, Minister of Justice,
Dominique Perben
The Minister of Economy,
Finance and Industry,
Herve Gaymard
Minister of Agriculture, Food,
de la pêche et de la ruralité,
Dominique Bussereau
The Minister for the Interior,
Marie-Josée Roig
Associate Minister Housing and the city,
Marc-Philippe Daubresse
The Secretary of State for Persons with Disabilities,
Marie-Anne Montchamp
The Secretary of State for Seniors,
Catherine Vautrin
