Key Benefits:
Publics concerned: State (central administration and decentralized services), associations, operators of reception centres for asylum seekers (CADA).
Subject: relations between the State and the managers of asylum seekers' reception centres (CADA).
Entry into force: the text comes into force on the day after its publication. The rules it provides will apply, from that date, to the new conventions between the State and the managers of asylum seekers' reception centres (CADA).
Notice: This Order sets out the model agreement to be concluded between department prefects and CADA managers pursuant to Article L. 348-4 of the Code of Social Action and Families (CASF). This text also aims to adapt the model convention to the new CADA obligations under Act No. 2015-925 of 29 July 2015 on the reform of the right to asylum.
References: the decree enforces Article L. 348-4 of the Code of Social Action and Families.
The texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Interior,
Considering the code of social action and families, including its article L. 348-4;
Considering the code of entry and residence of foreigners and the right to asylum;
Considering the opinion of the national committee of the health and social organization (social section),
Decrete:
The Model Convention provided for in Article L. 348-4 of the Code of Social Action and Families is annexed to this Decree.
In II of Article D. 348-6 of the Code of Social Action and Families, the words "Decree No. 2013-113 of 31 January 2013" are replaced by the words "Decree No. 2015-1898 of 30 December 2015".
In the first paragraph of Article D. 312-204 of the Code of Social Action and Families, after the words: "in the second paragraph of Article L. 312-8" are inserted the words: "as well as Article L. 312-8-1."
The Minister of the Interior is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Annex
CONVENTION TYPE RELATING TO THE FUNCTIONING OF THE CENTRE D'ACCUEIL FOR DEMANDEURS D'ASILE DE .......................
Come on.
The State, represented by the Prefect of
And (name of the body)
Considering the Geneva Convention of 28 July 1951 and the New York Protocol of 31 January 1967 relating to the Status of Refugees;
Considering the code of social action and families;
Considering the code of entry and residence of foreigners and the right to asylum;
It agreed that:
Article 1
Missions
The organization undertakes to operate a reception centre for asylum seekers (CADA), according to the rules set out in the attached specifications.
This establishment, specialized in the reception and support of asylum seekers, is designed to:
1. Welcome and host asylum seekers whose application is under investigation and holders of the asylum seekers' certificate referred to in Article L. 741-1 of the Code of Entry and Residence of Aliens and the Right of Asylum (CESEDA);
2. To provide social and administrative support to asylum seekers housed;
3. Assess the vulnerability of the claimant throughout the stay in the centre;
4. Issue a certificate to the asylum seeker and provide for the residence mission;
5. Prepare and organize the exit of the asylum seekers centre which was the subject of a final decision of the French Refugee and Stateless Protection Agency (OFPRA) or the National Court of Asylum Law (CNDA);
6. Inform asylum seekers on the arrangements and modalities for voluntary return assistance in their country of origin proposed by the territorial management of the French Immigration and Integration Office (OFII) of their entry into the centre and throughout the stay, at various stages of the asylum application procedure, including:
- when notification of a decision to reject the OFPRA, whether or not it is the subject of an appeal;
- when notification of a decision to reject CNDA.
Article 2
Objectives assigned to the centre
1° Organize satisfactory conditions for the care and social support of the asylum-seeker and his family during the period of instruction of his or her application, in accordance with the terms and conditions set out in a notebook of charges established by order;
2° Implement appropriate means of assistance and administrative support to the asylum seeker, including the asylum application procedure before the OFPRA;
3° Informing the appeal before the CNDA and allowing access to legal aid;
4° Prepare and organize the release of the hosted persons whose application has been the subject of a final decision;
5° To systematically inform the claimant of the voluntary return arrangements and arrangements in his country of origin proposed by the OFII territorial management of .
Article 3
Capacity and features of support
The manager of the institution undertakes to welcome persons, in accordance with the capacity authorized by prefectural order of the date and to have the persons housed signed an individual residence contract taken on the model of the contract type fixed by order.
The cohabitation of several isolated persons or households, involving the sharing of living rooms, must be organized when the housing structure is not adapted to the reception of people or households alone.
The characteristics of the reception centre are detailed as follows: (Center description).
Article 4
Admission methods and stay
The decision to admit the claimant to the CADA is taken by the OFII, which collects the opinion of the director of the centre pursuant to the provisions of Article L. 744-3 of the CESEDA. Hosts and their families are asylum seekers within the meaning of Article L. 741-1 of the CESEDA; they must be in possession of an asylum certificate.
In accordance with the provisions of Article L. 311-9 of the Code of Social Action and Families (CASF), the CADA must seek a solution avoiding the separation of members of the nuclear family (children, parents or spouses) from persons already admitted to CADA. Minor children in CADA are allowed to join their families. The other members (spouses or major dependent children of persons housed in CADA) are allowed to join their families if they are in possession of an asylum certificate.
The asylum seeker is allowed to stay in the CADA during the period of the investigation procedure of his asylum application. He signs the individual residence contract which specifies the conditions and conditions of his care in the centre in accordance with the provisions of article R. 744-6 of the CESEDA.
Article 5
Exit CADA
1. The exclusion of a claimant may be pronounced by the Director of the Centre for the following reasons:
- non-compliance with the operating regulations;
- acts of violence against other residents or the centre team;
- criminal behaviour and violation of French legislation leading to legal proceedings;
- false statements concerning his identity or personal situation;
- refusal to transfer to another centre;
- refusal by a person who has obtained refugee status or the benefit of the subsidiary protection of a proposal for accommodation or housing.
2. Release of the center at the end of the asylum procedure.
The Centre Manager is informed by the OFII of the intervention of a final decision on the asylum application of a person in the centre and the decision to leave the centre of that person. For each of these decisions is specified the date on which they were notified to the applicant. As soon as this information has been made with the manager, the manager shall communicate to the person concerned the termination of his or her care as of the date mentioned in the release decision.
The person may, however, be held in the centre, on an exceptional and temporary basis, under the following conditions:
- the person who has been granted refugee status or the benefit of subsidiary protection may, if requested, be kept in the centre to prepare the exit, within a period of three months from the date of notification of the final decision. During this period, the interested party prepares the modalities for its release from the centre. The manager of CADA, in connection with the prefect and the relevant services, is working hard to promote self-reliance. To this end, it facilitates its access as quickly as possible to its civil and social rights and helps to find a suitable housing or accommodation solution. The manager is invited to contract this phase by means of an applicant to the residence contract specifying the conditions for the joint preparation of this CADA exit.
As an exception, this additional period of stay may be extended for a maximum of three additional months, with the agreement of the OFII.
A household made up of a beneficiary of international protection (adult or a minor accompanying) and a claimant or a person dismissed from his or her asylum application shall be granted the time limit granted to beneficiaries of international protection, i.e. a three-month period renewable once with the agreement of the OFII. This retention period is short from the date of notification of admission to international protection.
A household made up of a claimant and a person whose application for asylum has been rejected may remain in CADA as long as it is not finally decided on the asylum application in the process. However, when an application for asylum is filed late, obviously to delay the release of the CADA household, the OFII may make a decision to terminate the care, on the basis of Article L. 744-8 of the CESEDA.
- the person who has been removed from the asylum application may, if requested, be kept in the centre for a maximum period of one month from the date of notification of the final decision concerning the person. During this period, the interested party prepares the modalities for its release from the centre. The manager delivers all the information necessary to implement a voluntary return assistance project. However, the person who has applied to the OFII for the benefit of the return assistance in the country of origin, within fifteen days of the notification of the unfavourable decision concerning it, may, on an exceptional basis, be held in the centre until the notification of the exit decision taken by the OFII.
The same release period applies, if any, to persons seeking a review of their asylum application to the OFPRA. However, in the case that the Office considers the request for re-examination admissible and notifies it to the person concerned within that time limit, the OFII may make a retention decision in the place of accommodation.
The manager is invited to contract this phase by means of an agent to the residence contract specifying the conditions for the joint preparation of this CADA exit.
In accordance with the provisions of Article L. 744-3 of the CESEDA, the decisions for exiting a CADA are taken by the OFII, after consultation with the Director of the Centre. The Director of the Centre shall inform the OFII of the modalities envisaged for the implementation of the Centre's exit decision.
In the event of a difficulty, the manager or the OFII may apply for the assistance of the department prefect of the location of the centre, which places the person concerned to leave the premises in the cases referred to in II of article R. 744-12 of the CESEDA. Pursuant to these provisions, if the detention is unsuccessful, the prefect shall refer the chair of the administrative tribunal on the basis of Article L 521-3 of the Administrative Justice Code in order to enjoin the occupant in undue presence to leave the premises.
Article 6
Participation in care costs
Pursuant to sections L. 348-2 II of the Code of Social Action and Families (CASF) and R. 744-10 of the CESEDA, any person housed in CADA whose level of monthly resources is equal to or greater than the amount of active solidarity income defined in section L. 262-2 of the CASF pays financial participation in its accommodation and maintenance costs. The amount of this participation is determined by the department's prefect on the basis of a scale established by decree of ministers responsible for social affairs, asylum and budget. The employee shall pay his contribution to the institution, which shall issue him a receipt.
This financial participation is a product listed in the centre's operating section and deducts the amount of the overall funding allocation. On a case-by-case basis and with the approval of the pricing authority, this contribution may be used in whole or in part to assist the hosted persons who are waiting for the first payment of the allowance for asylum seekers.
Article 7
Benefits offered by CADA
The Centre Manager undertakes to provide the recipient with the following benefits:
- reception and accommodation;
- social and administrative support;
- the assignment of domicile and the issuance of the related certificate;
- assistance in the schooling of children, and the relationship with local public services and leisure or volunteer activities offered in the territory;
- accompaniment to the exit of the center.
Article 8
Follow-up to welcomed people and information exchange
1. Follow-up to the people welcomed.
The manager is required to keep all of the follow-up and accompaniment files of the persons hosted in the centre (with the exception of medical records and elements related to the content of the asylum application), for two calendar years after their release.
It maintains a listed and parapherized register with the living conditions of the people hosted, with indication of their entry and exit dates.
2. Information exchanges.
Pursuant to section L. 744-4 of the CESEDA, the manager of the institution undertakes to provide real-time information on the information system administered by the OFII, known as DN@, freely available to him. This system aims to provide accurate and up-to-date knowledge of the national reception system (NAF) in order to improve its piloting.
The manager undertakes to inform the OFII of possible vulnerabilities detected during the stay in the centre.
In addition, the head of the centre must inform the OFII as soon as a claimant has abandoned its place of accommodation within the meaning of section R. 744-9 of the CESEDA. In this case, the OFII may, pursuant to Article L. 744-8 of the CESEDA, decide to suspend the benefit of the material conditions of reception. The claimant who has abandoned his accommodation cannot take care of him again. It is only after making a decision ending the suspension that the OFII may make an admission decision in a place of accommodation pursuant to article L. 744-3 of the CESEDA.
Finally, the manager of the institution undertakes to respond promptly to the questionnaires that would be sent to him by the OFII or the State (central administration or decentralized services), through ad hoc investigations.
Article 9
Staff resources
In order to enable the implementation of its missions, the institution has the staff in personnel defined in terms specified in the terms and conditions specified in the terms of reference above. It is expressed in ETPT (1 ETPT for a minimum of 15 persons, except for derogatory situations provided by the terms of reference) of which at least 50% are social workers attesting to the required professional qualifications.
In accordance with the provisions of section R. 314-19 of the PSAC, the staffing table annexed to the budget proposals shows for the year under review the anticipated number of jobs by grade or qualification. Removals, transformations and job creations are presented separately.
Staff recruitment and management are subject, where appropriate, to the provisions of the collective agreement of the business agreement or agreement.
Article 10
Financing, service done
The applicable financial provisions are those provided for in sections R. 314-1 to R. 314-64 and R. 314-80 to R. 314-208 of the CASF.
The manager undertakes to adopt the standardized budgetary framework annexed to the October 22, 2003 decision on the budgetary framework for social and psychosocial institutions.
The overall amount of funding paid by the State takes into account the public received and the conditions of their care as a result of this Convention. It is defined under conditions specified in sections R. 314-106 to R. 314-110 and R. 314-150 to R. 314-157 of the CASF.
Article 11
Monitoring
The manager undertakes to submit to any technical, administrative and financial control of the State services, in accordance with the provisions of Articles R. 314-56 to R. 314-62 of the CASF.
1. Administrative and financial oversight.
The manager undertakes to comply with the deadlines for the submission of the budgetary and accounting documents set out in section R. 314-3 of the PSAC, as well as the administrative and financial control rules set out in sections R. 314-56 to R. 314-62 of the same code.
Personnel management control.
The manager shall, in particular, make available to the prefect the records of the staff of the centre who shall have all supporting documentation to reconstitute their careers (diploma, any certificates from previous employers, a summary record of the passages, changes in grade, etc.).
1. Control of the management's compliance with its obligations with respect to audiences that may be welcomed.
The manager undertakes to comply with the provisions of sections L. 348-1 and L. 348-2 of the CASF, which specify the nature of the CADA missions and the public received.
Article 12
Evaluation of activities and quality of services
In accordance with section L. 312-8 of the CASF, the manager conducts evaluations of his/her activities and the quality of his/her CADA services, including procedures, references and recommendations of good professional practices validated, or in the event of a deficiency, developed by the National Agency for the Evaluation and Quality of Social and Medical Institutions and Services (ANESM).
The manager shall report annually to the prefect on the progress of his/her internal assessment approach in the activity report provided for in section R. 314-50 of the CASF, pursuant to section D. 312-203 of the same code. It shall communicate to the Prefect, the results of at least one internal assessment no later than three years before the date of the renewal of its authorization.
In addition, the manager must conduct an evaluation of the activities of his CADA and the quality of the services he delivers by an external agency, authorized by the ANESM. During the authorization period, the CADA manager will conduct two external evaluations, with the exception of specific provisions for authorized centres prior to the date of promulgation of Act No. 2009-879 of 21 July 2009 on hospital reform and on patients, health and territories, known as "HST". The total or partial renewal of the fifteen-year authorization issued by the Prefect is subject to the results of this external evaluation.
In the activity report, which the manager addresses jointly with the prefect and the OFII, are elements of the best use of accommodation capacity, the search for out-of-centre solutions, and the partnerships that are being implemented to that end (refugee housing research, return-to-earth assistance proposal), as well as the quality of the services offered to the sheltered. In the evaluation reports include elements related to the impact of actions taken in relation to their social utility or the general interest.
The fluidity of the management of the facility is an essential (but not exclusive) element of this evaluation: in particular, the monitoring and reporting of vacancies at the OFII and the management of exits in accordance with the provisions of sections R. 744-9, R. 744-11 and R. 744-12 of the CESEDA.
In this regard, the Pilotage Indicators must focus on the following target rates: an occupancy rate of at least 97%, an undue rate of presence of refugees and beneficiaries of subsidiary protection less than 3%, and an undue rate of presence of those who are rejected of their asylum application below 4%. In addition, consideration will be given to the evolution of the CADA's actual hosting capabilities based on the profiles of the asylum seekers hosted.
In the event of non-compliance with these objectives, the budgetary reduction procedure provided for in section R. 314-52 of the PSAC may be implemented. It provides, in the event of a malfunction of the centre, that results in an abnormally high rate of persons dismissed from their asylum application and beneficiaries of undue presence, or in a low rate of occupancy of the centre, and for an abnormally long duration, the possibility of a reduction in the overall funding allocation of the year n + 2 corresponding to the cost of activities manifestly foreign to the CADA mission of the year. This procedure can be implemented after a conflicting phase of discussion with the centre's manager.
Article 13
Duration and validity of the Convention
This Agreement shall be concluded for a period of five years from its signature. It may be amended, during that period, by agreement between the two parties, in particular in the event of a substantial evolution of the missions defined in Article 1 or the actions listed in Article 7 of this Agreement.
It may, before this term, be denounced by the centre manager subject to a notice of six months notified by registered letter with acknowledgement of receipt or by the State.
Six months before the five-year term, the parties will initiate negotiations, at the initiative of the co-contracting body, to stop the conditions under which a new convention can be concluded.
Article 14
Establishment activity cessation
In the case of an establishment managed by a private association, the manager undertakes, within the framework of this agreement, in the event of a cessation of activity of the centre, to pay to a public institution or to a private establishment for a similar purpose, possibly to a public community, the working capital and non-employed provisions and the amount corresponding to the property surplus resulting from the expenses covered by the overall staffing.
The evaluation of the surplus value is entrusted to the area service.
The attribute body of the above sums is chosen by the manager association, with the agreement of the prefect, or, if not, designated by the prefect.
Article 15
Litigation
Disputes arising from the performance of this Agreement shall be brought before the Administrative Court of
Article 16
Final provisions
This Agreement is prepared in two original copies. The copy held in the archives of the administration alone is believed.
Done on December 30, 2015.
Manuel Valls
By the Prime Minister:
The Minister of the Interior,
Bernard Cazeneuve
