In a decision rendered this Monday, March 9, the Defender of Rights highlights the failings of the Puy-de-Dôme departmental council with regard to children under the age of three placed in the Chamalières nursery, near Clermont-Ferrand. The Department takes note of this but indicates that the recommendations made “are essentially based on findings dating back several years”.
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Has the Puy-de-Dôme department failed in its obligations in terms of child protection? This is what concludes a decision rendered this Monday March 9 by the Defender of Rights, an independent administrative authority responsible for ensuring respect for rights in France.
A child welfare structure (ASE) is precisely targeted by this decision: the Chamalières nursery, called the Departmental Child and Family Center (CDEF). The establishment welcomes infants from 0 to 3 years old, in emergency situations, placed there most often by the courts.
Problem: the structure, which could accommodate up to 23 children in 2023, has long been in a situation of overstaffing. “The deleterious consequences of overstaffing were assessed and raised by the team“, notes the decision of the Defender of Rights, Claire Hédon, based for example on an activity report of the nursery dated 2017. It is indicated in the latter that a “such a large number of children in unsuitable premises (especially in terms of surface area and therefore space for each) has inevitably led to an increase in ambient noise, fatigue and aggressiveness“.
The Defender of Rights mentions that the budgeted reception capacity and the actual reception were gradually increased by the Puy-de-Dôme departmental council to receive and direct the minors entrusted to it. But at an insufficient pace, according to the decision, to meet the need. “So, were welcomed in the nursery, for an authorized capacity remaining at 23 places, up to 29 children in 2022, 50 children in 2023, and 61 children in 2024“, indicates the Defender of Rights. An untenable situation which did not allow “to provide the necessary care to toddlers and take care of them in an appropriate manner“despite the gradual strengthening of the teams.
In 2023, another activity report from the nursery cited by the Defender of Rights “noted that health and safety conditions could not be guaranteed. Successive waves of viral infections and massive behavioral disorders (self-harm, depressive symptoms)“were observed to”more accentuated way” by staff whose working conditions were considered difficult and unsuitable for the proper reception of these children.
In March 2023, the Defender of Rights was contacted by the CDEF pediatrician and child psychiatrist. The two professionals alerted to a “over-occupation with harmful consequences for children“. In the decision, we can read some edifying examples of this negligence attributed to the institution. A child is for example “didn’t go outside for a week“lack of professionals available when other infants could”cry for almost 30 minutes without being held“.
In addition to this lack of human resources, there were also material limitations: the number of beds per room and dining chairs or strollers was insufficient, the decision notes. A placed infant “seen administering drug treatment for anxiety as daily promiscuity led to a deterioration in his mental state“.
The departmental council and the CDEF have thus “harmed their best interests” in “not organizing the reception of children taken into care by child protection in conditions consistent with their basic needs“, judges the Defender of Rights. “shortcomings [qui] constituted institutional violence against them“, she adds.
The State is also indicted by the decision. “By failing to carry out checks on the nursery even though it was informed of the difficulties encountered by it, the Puy-de-Dôme prefecture harmed the best interests of the minors received and their right to be protected against all forms of violence.“, regrets the Defender of Rights.
Below, you can find the decision of Monday March 9 rendered by the Defender of Rights and the recommendations made:
The independent authority thus gave three months to the departmental council, chaired by Lionel Chauvin (LR), and to the prefect of Puy-de-Dôme, to inform it of the follow-up given to its decision and its recommendations. A few hours later, the Puy-de-Dôme Department responded that it had taken note of this. But the community defends itself, claiming to be actively working to improve its policy in favor of social assistance for children, in particular by increasing the number of places available.
In its press release, the Department also wants to draw attention to the fact that “the recommendations made are essentially based on findings dating back several years, and that they come almost three years after the referral to the Defender of Rights“. Since then, the community has explained that it has invested more each year in child protection since the arrival of the new executive in 2021. In three years, the operating budget dedicated to it has increased from nearly 70 million euros to almost 100 million euros. The investment budget has skyrocketed: 139,630 euros in 2021 compared to 2.70 million euros in 2024.
Thus, the analysis delivered by the Defender of Rights “does not fully take into account structuring decisions and major actions committed“, regrets the community, which also explains having commissioned an independent audit from 2022 on the functioning of the CDEF”without waiting for possible external recommendations“Since the conclusions of this audit, a new director has been appointed to the CDEF in August 2024, and the nursery”no longer in a situation of overstaffing since September 2024“, assures the Department of Puy-de-Dôme.
