#2026-630Children’s Right to a Lawyer in Child Protection Proceedings
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This law gives every child the right to be assisted by a lawyer in educational assistance and child protection proceedings, regardless of the child’s age or ability to express a mature view. From the start of the case, the children’s judge must ask the local bar association to appoint a lawyer, while the child can also choose their own lawyer. The State will fully cover the cost through legal aid. The change starts on 6 January 2027 and will affect child protection courts, lawyers, social services, families, and children involved in these proceedings.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Every child in educational assistance and child protection proceedings must be assisted by a lawyer.
- The children’s judge must request the appointment of a lawyer from the start of the proceeding, while the child may still choose their own lawyer.
- The State will fully cover the lawyer’s cost through legal aid, with the rule applying from 6 January 2027.
Obligations
What this law requires
From the opening of any educational assistance procedure, the children’s judge must request the local bar association president (bâtonnier) to designate a lawyer for the minor, without applying any age or discernment condition.
The children’s judge must inform the minor, the minor’s legal representatives, and, where applicable, the service or person to whom the minor has been entrusted that the minor will be assisted by a lawyer.
Minors involved in educational assistance proceedings must be assisted by a lawyer, regardless of whether they are considered capable of discernment.
The State must fully cover the cost of a minor’s lawyer assistance in educational assistance proceedings through legal aid as of right.
The State must compensate the financial charge created by this law through an additional tax on tobacco excise as provided in the tax code.