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Decree No. 2016-74 29 January 2016 On The State Diploma Of Accompanying Educational And Social And Amending The Code Of Social Action And Families (Regulative Part)

Original Language Title: Décret n° 2016-74 du 29 janvier 2016 relatif au diplôme d'Etat d'accompagnant éducatif et social et modifiant le code de l'action sociale et des familles (partie réglementaire)

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Keywords

CODE OF SOCIAL ACTION AND FAMILY , CASF , SOCIAL WORK , PERSONAL PHYSIQUE , SOCIAL ACCOMPAGNEMENT , EDUCATIVE ACTION , SOCIAL , EDITORIAL AND SOCIAL ,


JORF no.0026 of 31 January 2016
text No. 21



Decree No. 2016-74 of 29 January 2016 relating to the State diploma of accompanying education and social and amending the code of social action and families (regulatory party)

NOR: AFSA1521331D ELI: https://www.legifrance.gouv.fr/eli/decret/2016/1/29/AFSA1521331D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2016/1/29/2016-74/jo/texte


Publics concerned: natural persons wishing to prepare a state diploma to accompany education and social.
Subject: creation of a State degree to accompany educational and social.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree creates a state diploma of educational and social support, replacing the state diploma of social life auxiliaries and the state diploma of medical-psychological assistance. This decree sets out the modalities for the organization of the formation and grant of the state diploma of accompanying education and social. It provides for a transitional period during which persons engaged in a cycle of training or validation of the acquired experience under the previous provisions applicable to obtaining a State degree of social life or medical-psychological assistance may continue their training.
References: the provisions of code of social action and families Amended by this decree may be consulted, in their writing resulting from this amendment, on Légifrance (http:/www.legifrance.gouv.fr).


The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Vu le code of social action and familiesincluding articles L. 451-1, R. 451-1 and R. 451-2;
Vu le education codeincluding articles L. 335-5 and L. 335-6;
Considering the opinion of the professional advisory committee on social work and social intervention of 25 June 2015;
Considering the advice of the National Standards Assessment Board dated 17 December 2015,
Decrete:

Article 1 Learn more about this article...


Paragraph 10 of subsection 2 of section 3 of the Single Chapter of Title V of Book IV of the Code of Social Action and Families is replaced by the following provisions:


“Paragraph 10
" State Diploma of Educational and Social Accompanying


"Art. D. 451-88.-The State Diploma of Educational and Social Accompanying attests to the skills necessary to achieve social support on a daily basis, to compensate for the consequences of a disability, regardless of its origin or nature, whether it be related to difficulties related to age, disease, or way of life, or the consequences of a social situation of vulnerability, and to allow the person to define and implement his or her project of life.


"Art. D. 451-89.-I.-The State Diploma of Educational and Social Accompanying is structured in a common base of competence and three specialties: “Help of living at home”, “Help of life in collective structure”, “Help to inclusive education and ordinary life”.
"The degree mentions the speciality acquired.
"It can be obtained through training or, in whole or in part, by the validation of the acquired experience.
"It is issued by the representative of the State in the region.
“II.-The speciality certificate “accompaniment of home life” attests to the skills necessary to contribute to the quality of life of the person, to the development or maintenance of his or her capacity to live in his or her home.
“The certificate of speciality “accompaniment to life in collective structure” attests to the skills necessary to support interpersonal relations and the quality of life of the person in his or her place of collective life.
“The speciality certificate” Accompaniment to inclusive education and ordinary life” attests to the skills necessary to facilitate, promote and participate in the autonomy of children, adolescents and young adults with disabilities in learning activities, and cultural, sporting, artistic and leisure activities.
"Special certificates can be obtained only by the holders of the State diploma of accompanying education and social, by further training.
"They are issued by the representative of the State in the region.


"Art. D. 451-90.-The training prepared for the State diploma of accompanying education and social, for the acquisition of the common base of competence and specialties, includes theoretical training and practical training provided during courses alternately.
"This training is provided by public or private institutions that have met the obligations mentioned in the Articles L. 451-1 et seq. of the Social Action and Family Code.
"The duration and content of the training may vary according to the professional experience and diplomas possessed by the candidates.
"The candidates are subjected to training examinations, organized by the training institutions according to the terms fixed by order.


"Art. D. 451-91.-The representative of the State in the region appoints the jury of the whole of the diploma, which comprises not more than 13 members, including the president and twelve members divided into three equal colleges:
« 1° Trainers from training institutions, public or private, preparing for the State degree of educational and social support;
« 2° State representatives, public authorities or qualified persons in the field of social, medico-social action and in the educational field;
« 3° Qualified professional representatives.
"The regional director of youth, sports and social cohesion or his representative chairs the jury.
"The president of the jury has a preponderant voice in the event of an equal vote. This jury proceeds to final deliberation.
"This jury may, as necessary, subdivide into groups of examiners.


"Art. D. 451-92.-Registrants of the State degree of social worker or certificate of fitness for home aid or supplementary mention of home aid are, of law, holders of the State degree of educational and social support, specialty “accompaniment of home life”.
"The holders of the state degree of medical-psychological assistance or the certificate of fitness for the functions of medical-psychological assistance are, in law, holders of the state diploma of accompanying education and social, speciality “accompaniment of life in collective structure”.


"Art. D. 451-93.-An order of the Minister for Social Affairs specifies the professional skills mentioned in article D. 451-88, the terms and conditions of access to the training, the content and organization of this training, as well as the modalities of certification of the State diploma of educational and social support. »

Article 2 Learn more about this article...


As a transitional measure, candidates who have entered the date of publication of this decree in preparation for the state diploma of medical-psychological assistance or the state diploma of social worker remain subject to the conditions of certification of the diploma prepared, which remains governed by the provisions of the previous ones.
Similarly, in the event of partial validation, candidates may complete the certification in accordance with the previous provisions.

Article 3 Learn more about this article...


As a transitional measure, training institutions, holders of a prior declaration authorizing them to grant training to the state diploma of medical-psychological assistance or to the state diploma of social worker, may be authorized to provide training to the state diploma of educational and social support, as soon as they justify having implemented the training and presented candidates to at least two courses of certification to one year or more.
They must file, within three months of the publication of this decree, a file justifying their ability to dispense the three specialties of the State diploma of accompanying education and social.
The validity of this exemption granted on a transitional basis is two years.
The registered training institutions for this purpose having initiated at the time of the publication of this decree a training session for the State degree of medical-psychological assistance or the State degree of social worker are authorized to complete this training with candidates engaged in an initial training course or validation of the acquired experience prior to the issuance of this decree for a maximum of seven years from the date of publication of this decree.

Article 4 Learn more about this article...


Sections D. 451-95 to D. 451-99-1 of the Social Action and Families Code are repealed.

Article 5 Learn more about this article...


The Minister of Social Affairs, Health and Women's Rights is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 29 January 2016.


Manuel Valls

By the Prime Minister:


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


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