#2026-324Expanded criminal background checks for caregivers and vulnerable-adult service providers
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This decree tightens criminal background screening for a wider group of people who work with older adults, people with disabilities, and some vulnerable minors in France. It expands who must provide a clean background attestation, adds new groups covered by the rule, and sets regular renewal checks: every three or five years depending on the role. In practice, employers and department officials must verify a recent attestation before approval, keep it on file, and can block, suspend, or withdraw authorization if the document is missing or has expired. The law also shifts some checks to the national social cohesion directorate instead of only local department presidents, and it updates the criminal-record system rules used for these screenings. Companies, care providers, host families, guardianship professionals, and related service organizations should review hiring and renewal workflows now, because they will have a six-month window after the rules take effect to collect the required documents.
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Key Changes
- Expands mandatory background-check coverage to more care and support roles working with older adults, disabled people, and some vulnerable minors.
- Requires recent criminal-record attestations before approval and at fixed renewal intervals, with different timing for different roles.
- Lets authorities block, suspend, or withdraw approvals when the attestation is missing, expired, or not renewed on time.
Obligations
What this law requires
Before granting or renewing the approval for a family foster carer, the president of the departmental council must verify that the applicant holds an attestation dated less than six months old. The attestation must also be provided again at each renewal and every five years.
Before issuing the authorization/approval for covered persons under Article R. 133-1, the competent authority must verify that the applicant holds a criminal-background attestation dated less than six months old, and must refuse issuance if the attestation is missing or reveals disqualifying convictions/information.
Employers and managers of establishments, services, and living/accommodation facilities covered by Article R. 133-1 must collect the required attestation from the persons concerned within six months after the relevant rules enter into force.
Before granting the approval for a legal representative for adults (mandataire judiciaire à la protection des majeurs), the state representative in the department must verify that the applicant holds an attestation dated less than six months old. The person must present a new attestation every three years from the date the attestation was issued.
Before granting the approval for a family benefits delegate (délégué aux prestations familiales), the state representative in the department must verify that the applicant holds an attestation dated less than six months old. The person must present a new attestation at renewal and every five years.