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Decree Of December 17, 2004 Relating To The Conditions For Access To The Profession Of Social Work Assistant

Original Language Title: Arrêté du 17 décembre 2004 relatif aux conditions d'accès à la profession d'assistant de service social

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Keywords

EMPLOYMENT , JOB , SOCIAL SERVICE , SOCIAL WIZARD , PRACTISING THE PROFESSION , CANDIDATE , CANDIDATE ETRANGER , ETRANGER DEGREE , EQUIVALENCE , ACCES CONDITION , TRAINING , PRACTICAL TRAINING , DIPLOME , DELIVANCE , ADMISSION


JORF No. 5 of 7 January 2005 Page 306
Text #5


ARRETE
Decree of 17 December 2004 on conditions of access to the profession of social service assistant

NOR: SOCA0423378A ELI: http://www.legifrance.gouv.fr/eli/arrete/2004/12/17/SOCA0423378A/jo/texte


The Minister for Employment, Labour and Social Cohesion,
Given the Social Action and Family Code, in particular Article L. 411-1;
Law No. 2003-1176 of the 10 December 2003 amending Act No. 52-893 of 25 July 1952 on the right of asylum;
Given the decree n ° 2004-533 of 11 June 2004 on the state diploma and the practice of the profession of social service assistant;
In view of the decree of 29 June 2004 Social Service Assistant State Diploma,
Stop:

Item 1
The persons referred to in Articles 9 and 12 of the aforementioned decree of 11 June 2004 who wish to practice in France the profession of social service assistant must constitute a file consisting of the following documents :
1. The documents justifying the identity and nationality of the applicant;
2. A copy of the diplomas, certificates or qualifications obtained by the applicant and translated into French by a sworn translator;
3. A document drawn up by the competent authorities of the country of origin attesting to the post-secondary nature of the training and the duration thereof, together with its translation into French;
4. A document issued and attested by the training structure, accompanied by its translation into French, describing the content of the studies and the traineeships conducted during the training with the annual number of hours per subject for the teaching Theoretical, the duration of internships and the sectors in which they were carried out;
5. A detailed curriculum vitae prepared by the applicant containing all relevant details of the studies carried out and the professional activities carried out and accompanied by the corresponding certificates of employment;
6. A summary sheet of the main characteristics of the diploma and training;
7. For applicants falling within 1 ° (b) of Article L. 411-1 of the Code of Social Action and Families, a certificate from the competent authority of the Member State or other State Party which has recognised the diploma, certificate or other title, certifying That the holder has professional experience in that State of at least three years;
8. The opinion of a training institution preparing for the diploma of State of social service assistant which deals with the mastery of the French language, the content of the training followed and, if applicable, the professional experience of the candidate
Applicants for refugee status or whose application for asylum is under investigation or granted subsidiary protection established by the aforementioned law of 10 December 2003 and which are unable to provide the documents to 2, 3 and 4 provide an attestation on the honour indicating the studies followed and the diplomas, certificates or securities acquired in their country of origin.

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The dossier referred to in Article 1 shall be sent by the applicant, by registered letter with acknowledgement of receipt, to the Regional Directorate for Health and Social Affairs, chosen from among those which are examination centres Interregional for Social Service Assistant State Diploma.

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On the proposal of the Regional Director of Health and Social Affairs, a certificate of capacity to practice the profession of social service assistant in France is issued by the minister responsible for affairs Nationals of a Member State of the European Community or of a State Party to the Agreement on the European Economic Area or of a State having concluded an agreement with the European Community or France on the free movement of Workers or the recognition of professional qualifications.
However, where the training of the applicant relates to material substantially different from those in the training provided in France, and if the applicant 's Professional experience does not compensate for this difference, the minister responsible for social affairs notifies the candidate that he or she must opt for an aptitude test or an internship.
The candidate makes the decision to the Director The regional health and social affairs with which he originally filed his case. The successful candidate must also opt for one of the following three areas:
-law and social protection;
-social action policies;
-organisation of social action and professions The
of capacity to be exercised shall be issued to the candidate by the Minister responsible for social affairs in the light of the success of the aptitude test provided for in Article 4 or the validation of the adaptation period according to the Article 5, acting within a maximum period of five years from the notification provided for in the second paragraph of this Article and appearing in the minutes of the jury.

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The aptitude test consists of a four-hour written test organized as an interregional examination centre. This test relates to the field chosen by the candidate through the analysis of an institutional situation in reference to the certification test " Knowledge of social policies " Referred to in Article 11 of the aforementioned Order. It is followed by an interview with the Jury composed in accordance with Article 6 of the aforementioned decree of 11 June 2004. The writing, as well as the interview, is noted on 20 points. This test can only be validated when the candidate has received at least 20 points out of 40.

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The adaptation period, organised by a training institution preparing for the State diploma of social service assistant, includes practical training and theoretical teaching. It must allow the candidate to complete or adapt his skills for a professional exercise in France, in the light of the professional repository annexed to the decree of 29 June 2004.
The content of the theoretical lessons, of a duration 250 hours, is established on the basis of the training units " Social service intervention theory and practice, " Right " And " Social legislation and policies " Section 5 of the above-noted Order.
Practical training includes A professional traineeship of 12 weeks carried out under the conditions laid down in Article 6 of the aforementioned decree.
The adaptation period is validated by the success of the certification test " Presentation and defense of a practice file Professional " Mentioned in Article 11 of the said order.

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Nationals of States other than those referred to in Article 3, holders of a diploma in social service attesting to a theoretical and practical post-secondary training, shall be authorised by the regional prefect to Following the adaptation period provided for in Article 5:
-when their training is comparable to that preparing for the State diploma of social service assistant;
-or when their training, although different from that preparing for the State diploma Social service assistant shall be compensated by a significant professional experience in the social field.
Validation of the adaptation period shall be carried out within a maximum period of five years from the date of notification of the authorisation To follow the adaptation period. It gives rise to the grant of a social service assistant state diploma.

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The order of 21 October 1991 on conditions of access to the profession of social service assistant for nationals of a Member State of the European Communities referred to in Article 6 of Decree No. 80-334 of 6 May 1980, as amended, is repealed as from 1 January 2005.
The order of 22 October 1991 concerning the examination of the diploma of social service assistant for non-nationals of a Member State of the European Communities, Holders of a social service diploma recognized by order of the Minister for Social Affairs is repealed.

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The Director General of Social Action is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.


Done at Paris, December 17, 2004.


For the Minister and by delegation:

The Director General of Social Action,

J.-J.
Trégoat


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