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Decree No. 2004 - 1137 Of 21 October 2004 On Certain Regulatory Provisions Of The Code Of Social Action And Families

Original Language Title: Décret n° 2004-1137 du 21 octobre 2004 relatif à certaines dispositions réglementaires du code de l'action sociale et des familles

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Keywords

HEALTH , CODE OF SOCIAL ACTION AND FAMILY , FAMILY , HIGH COMMISSIONER FOR POPULATION AND FAMILY , CANCELIES , REPRESENTATIVE BOARD OF ADOPTION , MINEUR , ADOPTION , INTERNATIONAL ADOPTION , CENTRAL AUTHORITY FOR INTERNATIONAL ADOPTION , ORGANIZATION , MISSION


JORF n°250 of 26 October 2004 page 18052
text No. 29



Decree No. 2004-1137 of 21 October 2004 on certain regulatory provisions of the Code of Social Action and Families

NOR: SANX0400057D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/10/21/SANX0400057D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/10/21/2004-1137/jo/texte


President of the Republic,
On the report of the Minister of Employment, Labour and Social Cohesion, the Minister of Health and Social Welfare and the Minister of Family and Children,
Considering the code of social action and families;
Having regard to the opinion of the Superior Codification Commission dated 20 February 2004;
The State Council (Social Section) heard;
The Council of Ministers heard,
Decrete:

Article 1 Learn more about this article...


The provisions annexed to this decree constitute the legislative provisions in council of ministers of the regulatory part of the code of social action and families. The articles identified by a "R" correspond to the provisions of a decree in the Council of State, those identified by a "D" correspond to the provisions of a simple decree.

Article 2 Learn more about this article...


The references contained in the provisions of a regulatory nature to provisions repealed by this Order are replaced by references to the corresponding provisions of the Code of Social Action and Families.

Article 3 Learn more about this article...


Are repealed:
1° Decree No. 85-1125 of 23 October 1985 establishing a High Council for Population and the Family;
2° Decree No. 98-863 of 23 September 1998 on the central authority for international adoption.

Article 4 Learn more about this article...


Is and remains repealed Decree No. 89-646 of 6 September 1989 establishing the National Evaluation Commission on Minimum Inclusion Income.

Article 5 Learn more about this article...


The Prime Minister, the Minister of Employment, Labour and Social Cohesion, the Minister of Justice, the Minister of Foreign Affairs, the Minister of Health and Social Welfare and the Minister of the Family and Children are responsible, each with regard to the application of this Order, to be published in the Official Journal of the French Republic.

Annex


A N N E X E
LIVRE I
General provisions
PART IV
Institutions
Chapter I
High Council for Population and the Family
Article D.* 141-1


The High Council for Population and the Family is responsible for clarifying the President of the Republic and the Government on demographic problems and their medium- and long-term consequences and on family matters.


Article D.* 141-2


The High Council formulates opinions and considers any economic, social or cultural issues that may have a demographic impact, particularly in the areas of fertility, population ageing and migratory movements.
It develops an annual report on the cost of the child.
This report is prepared in consultation with the National Union of Family Associations and its various components and with the assistance, in particular, of the National Institute of Statistics and Economic Studies and the National Institute of Demographic Studies.


Article D.* 141-3


The High Council is chaired by the President of the Republic, who designates the Vice-President.
It consists of twelve to eighteen members appointed for three years by the President of the Republic because of their competence.
When a position is vacant, a new member may be designated for the remaining period.


Article D.* 141-4


The High Council is convened at least once a year by the President of the Republic.


Article D.* 141-5


The Director of Population and Migration at the Ministry of Social Affairs provides the general secretariat of the High Council.


Article D.* 141-6


Within the limits of the appropriations for this purpose, the Secretary-General may appeal, for the drafting of the advice of the High Council and for the preparation of any reports requested by that body, to persons belonging to or not to the administration, who shall assist him on a continuous or permanent basis without giving up their primary occupation.
The compensation awarded to the person responsible for the drafting of the notices has a flat and monthly nature. The allowance for reporting persons is flat and annual.
The amounts of the allowances shall be determined by order of Ministers for Social Affairs, Health, Public Service and Budget.


Article D.* 141-7


The High Council has a budget that is included in the budget of the Ministry of Social Affairs.


Chapter VIII
Superior Adoption Council and Central Authority
for International Adoption
Section 2
Central Authority for International Adoption
Article R.* 148-4


The central authority for international adoption under section L. 148-2 is composed of its president, two representatives of the Minister of Justice, two representatives of the Minister of Foreign Affairs, two representatives of the Minister responsible for the family, two representatives of the General Councils appointed by the Assembly of the departments of France, as well as two representatives of the bodies authorized for adoption and two representatives of the associations of adoptive families. Representatives of the bodies authorized for adoption and representatives of the associations of adoptive families shall have an advisory vote and shall be appointed for three years by order of the Minister for the Family, the Minister of Justice and the Minister for Foreign Affairs.
The president of the central authority is appointed by decree for a period of three years renewable once.


Article R.* 148-5


The central authority meets at least twice a year. It may also meet at the initiative of its President or at the request of three of its members. She's summoned by her president.


Article R.* 148-6


The secretariat of the central authority is provided by the Ministry of Foreign Affairs.


Article R.* 148-7


The central authority is involved in the definition of the policy of international cooperation in the area of adoption of foreign children.


Article R.* 148-8


The central authority shall perform the functions and hold the powers provided for in the provisions of Articles 7, 8, 9 (d) and 33 of the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.


Article R.* 148-9


As part of the policy set out in the conditions set out in section R.* 148-7, the Minister for Foreign Affairs shall perform the functions provided for in the provisions of articles 9 (a, b, c, e), 14, 15, 16, 17, 18, 19, 20, 21, 23, 30-1 and 30-2 of the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.
Organizations authorized and authorized for international adoption in accordance with chapter 5, section 2, title II, of Book II may also perform the functions provided for in articles 9 (a, b, c, e), 14, 15, 16, 17, 19, 20 and 30-1 of the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.


Article R.* 148-10


The central authority sends an annual report to the Prime Minister on its activity and makes any proposed reform that it considers appropriate.


Done in Paris, October 21, 2004.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

Minister of Health

and Social Welfare

Philippe Douste-Blazy

Minister of Employment, Labour

and social cohesion,

Jean-Louis Borloo

The Seal Guard, Minister of Justice,

Dominica Perben

Minister of Foreign Affairs,

Michel Barnier

The Minister of Family and Children,

Marie-Josée Roig


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