Child Protection and the Duty to Report (Protection de l'enfance et signalement)

Rationale

France's legal architecture imposes on every teacher a non-delegable duty to report crimes, delits, and situations of danger affecting minors. Article 40 of the Code de procedure penale requires any public official who becomes aware of a crime or delit in the exercise of their functions to notify the procureur without delay. Article 434-3 of the Code penal specifically criminalises the failure to report deprivation, ill-treatment, or sexual violence against a minor. The research brief confirms that these statutes are the statutory backbone of teachers' mandatory-reporting duty, and that failure to report can trigger disciplinary sanction. The Schema directeur 2025-2029 makes bien-etre et securite a strategic axis (axis 6), and the referentiel du 1er juillet 2013 requires every teacher to act as an educateur responsable. Despite this clear legal framework, many teachers report uncertainty about the threshold for reporting, the distinction between information preoccupante and signalement, and the correct channel for transmission. This course fills that gap by giving participants the legal knowledge, the procedural scripts, and the professional-writing skills to execute their duty with confidence and precision. Every lesson is anchored to a specific statute, a named competence, or a ministry framework, ensuring direct recertification relevance.

Part I: Foundations (Lessons 1-4)

Lesson 1. Why every teacher is a mandated actor

The lesson opens with the foundational principle that a French teacher is not a private citizen in the classroom but a public agent bound by article 40 of the Code de procedure penale. Participants examine the text of article 40: "Toute autorite constitutee, tout officier public ou fonctionnaire qui, dans l'exercice de ses fonctions, a connaissance d'un crime ou d'un delit est tenu d'en donner avis sans delai au procureur de la Republique." The lesson distinguishes this duty from the moral option of a private citizen to report or not. Participants analyse the three elements that trigger the duty: the status of the agent, the knowledge acquired in the exercise of functions, and the nature of the fact (crime or delit). They work through a case study of a teacher who overhears a pupil describing physical violence at home, identifying each element. The lesson closes with the principle that the duty is personal and non-delegable: the teacher cannot transfer the obligation to a superior. Participants can state the legal basis of their reporting duty and identify when it is triggered.

Lesson 2. Two parallel channels: information preoccupante and signalement

This lesson establishes the critical distinction between the two channels a teacher may use. An information preoccupante is a structured alert sent to the CRIP (Cellule de recueil des informations preoccupantes) of the departmental conseil departemental when a child is in danger or at risk of being in danger but the facts do not yet constitute a crime or delit. A signalement is a direct notification to the procureur de la Republique when the facts constitute a crime or delit, particularly under article 434-3 of the Code penal. Participants compare the criteria for each channel using the official guidance from eduscol. They examine the threshold: an enfant en danger ou en risque de l'etre triggers the information preoccupante; a crime or delit triggers the signalement. The lesson uses a decision-tree exercise: given a set of scenarios (neglect, physical marks, sexual disclosure, emotional withdrawal), participants choose the correct channel and justify their choice. Participants can distinguish the two channels and apply the correct one to a given set of facts.

Lesson 3. The CRIP and the procureur: who receives what

Participants learn the institutional architecture that receives their reports. The CRIP is a departmental-level cell under the president of the conseil departemental, staffed by professionals who evaluate the information preoccupante and decide whether to open an investigation or transmit to the procureur. The procureur de la Republique is the judicial authority who receives signalements and decides on criminal proceedings. The lesson maps the flow: a teacher writes the report, transmits it to the directeur or chef d'etablissement (except in urgent cases where direct transmission is permitted), who then sends it to the CRIP or the procureur. Participants examine the role of the departmental cellule and the timeframes for response. They work through a case where the teacher must decide whether to go through the head of establishment or bypass the chain. The lesson emphasises that the teacher's duty is to report, not to investigate. Participants can describe the two receiving bodies and the transmission chain.

Lesson 4. Article 434-3 of the Code penal: the specific duty for minors

This lesson focuses on the criminal provision that directly addresses the protection of minors. Article 434-3 of the Code penal states: "Le fait, pour quiconque ayant connaissance de privations, de mauvais traitements ou d'atteintes sexuelles infliges a un mineur ou a une personne qui n'est pas en mesure de se proteger, de ne pas en informer les autorites judiciaires ou administratives est puni de trois ans d'emprisonnement et de 45 000 euros d'amende." Participants parse each element: the knowledge requirement (actual knowledge, not suspicion), the types of harm (deprivation, ill-treatment, sexual violence), the protected persons (minor or vulnerable adult), and the penalty. The lesson distinguishes this article from article 40 CPP: article 434-3 applies to any person, not only public agents, and carries a specific criminal penalty. Participants examine the exceptions (professional secrecy for certain professions) and confirm that teachers are not among the exempted professions. They work through a scenario where a pupil discloses sexual abuse, applying article 434-3 step by step. Participants can recite the elements of article 434-3 and explain why teachers are not exempt.

Part II: Core Practice (Lessons 5-10)

Lesson 5. Recognising physical signs and behavioural indicators

Teachers must be able to recognise when a child may be in danger without over-interpreting or diagnosing. This lesson provides a structured observation framework grounded in competence commune 3 (Connaitre les eleves et les processus d'apprentissage). Participants learn to distinguish between accidental injuries and patterns suggestive of abuse: bruises in protected areas, burns with distinct shapes, fractures inconsistent with the child's developmental stage. Behavioural indicators include sudden withdrawal, regression, fear of going home, and age-inappropriate sexual knowledge. The lesson emphasises that the teacher's role is to observe and report, not to investigate or confirm. Participants practise using a structured observation grid that records facts, dates, locations, and verbatim statements without interpretation. They work through photographs and written vignettes, practising the discipline of separating observation from inference. Participants can identify common physical and behavioural indicators and record them in a factual, non-diagnostic manner.

Lesson 6. Recognising signs of sexual abuse and grooming

Sexual abuse presents specific challenges for detection because it often occurs without physical signs and because grooming behaviours can be subtle. This lesson draws on the ministry's protection framework and article 434-3 CP. Participants learn the behavioural indicators of sexual abuse: sexualised play or language inappropriate for the child's age, fear of a specific adult, reluctance to be alone with certain individuals, and physical symptoms such as genital pain or recurrent urinary infections. The lesson covers grooming patterns: the adult's gradual building of trust, gift-giving, isolation of the child, and desensitisation to touch. Participants examine case studies of grooming in school contexts (a volunteer, a staff member, a family member) and practise identifying the pattern without making accusations. The lesson emphasises that the teacher's duty is to report any reasonable suspicion, not to wait for certainty. Participants can recognise grooming indicators and understand that reporting is required even without physical evidence.

Lesson 7. Neglect, danger, and the child at risk: the legal threshold

This lesson clarifies the legal threshold that triggers the information preoccupante: an enfant en danger ou en risque de l'etre. Participants examine the definition from the Code de l'action sociale et des familles and the criteria used by the CRIP. Neglect is distinguished from poverty: a child whose basic needs (food, clothing, medical care, supervision) are not met is in danger, even if the family is not intentionally harming the child. The lesson covers the four categories of danger: physical neglect, medical neglect, educational neglect, and emotional neglect. Participants work through scenarios where the line between difficulty and danger is unclear: a child who is frequently hungry, a child who is left alone after school, a child whose parents refuse medical treatment. The lesson provides a decision framework: if the child's health, safety, or development is compromised or at risk of being compromised, the threshold is met. Participants can apply the legal threshold of enfant en danger ou en risque de l'etre to specific situations.

Lesson 8. Writing the ecrit professionnel: facts, dates, verbatim quotes, and no diagnosis

The written report is the teacher's most important professional act in the protection chain. This lesson teaches the structure and discipline of the ecrit professionnel for an information preoccupante or a signalement. Participants learn the four mandatory elements: the identity of the child and the family, the facts observed (with dates and times), the context (who said what, where, in what circumstances), and the teacher's role (what the teacher saw or heard, not what the teacher concluded). The lesson prohibits diagnosis, speculation, and emotional language. Participants practise writing a report from a case vignette, then peer-review each other's drafts against a checklist. The lesson covers the importance of verbatim quotes: "The child said, 'Papa hits me with the belt when I am bad'" rather than "The child reported being abused." Participants can produce a factual, structured written report that meets the standards expected by the CRIP and the procureur.

Lesson 9. The chain of transmission inside the school

Teachers do not transmit reports directly to the CRIP or the procureur in most cases. This lesson maps the internal chain: the teacher writes the report and gives it to the directeur d'ecole or the chef d'etablissement, who then transmits it to the appropriate authority. The lesson covers the exceptions: when the head of establishment is implicated in the danger, when delay would endanger the child, or when the head refuses to transmit. In those cases, the teacher may transmit directly. Participants examine the legal basis for direct transmission: article 40 CPP imposes the duty on the individual agent, not on the hierarchy. The lesson includes a protocol for documenting the transmission: date, time, recipient, and confirmation of receipt. Participants practise the conversation with a reluctant head of establishment, using scripts that reference the teacher's personal legal duty. Participants can describe the standard transmission chain and the circumstances that justify bypassing it.

Lesson 10. What professional secrecy does and does not cover

Many teachers hesitate to report because they believe professional secrecy prevents them from sharing information about a pupil. This lesson clarifies the legal position. Professional secrecy in France is governed by article 226-13 of the Code penal and applies to certain professions (doctors, lawyers, priests). Teachers are not bound by professional secrecy in the same way. The lesson distinguishes between the teacher's duty of discretion (discretion professionnelle) and the legal obligation to report. Article 434-3 CP explicitly creates an exception to any secrecy obligation: the duty to report ill-treatment of a minor overrides professional secrecy. Participants examine the text of article 434-3 and the jurisprudence that confirms this exception. They work through scenarios where a pupil says "Please do not tell anyone" and the teacher must explain why the duty to protect overrides the promise of confidentiality. Participants can explain to a pupil and to a parent why the teacher is legally required to report.

Part III: Application and Mastery (Lessons 11-15)

Lesson 11. Talking to the child: non-suggestive listening and preserving the account

When a child begins to disclose, the teacher's response can affect the child's wellbeing and the legal value of the account. This lesson teaches non-suggestive listening techniques grounded in the protection framework and competence commune 6. Participants learn the principles: do not ask leading questions, do not pressure the child, do not promise secrecy, do not investigate. The teacher's role is to listen, to record, and to reassure the child that telling was the right thing to do. The lesson provides scripts for opening the conversation: "I am glad you told me. Can you tell me more about that?" and for closing it: "I am going to talk to people who can help you. You are not in trouble." Participants practise with a trained actor or through role-play, receiving feedback on their questioning style. The lesson emphasises that the teacher should never ask the child to repeat the account multiple times. Participants can conduct a non-suggestive listening conversation and produce a written account that preserves the child's words.

Lesson 12. Talking to the family, or not: when contact endangers the child

One of the most difficult decisions a teacher faces is whether to inform the family before or after making a report. This lesson provides the decision framework. The general principle is that the teacher does not inform the family when doing so would endanger the child, compromise the investigation, or allow the alleged perpetrator to destroy evidence or pressure the child. This is particularly relevant in cases of intra-familial abuse. The lesson distinguishes between the information preoccupante (where the family is often informed as part of the CRIP's evaluation) and the signalement (where the procureur decides when and how to inform the family). Participants examine case law and ministry guidance on this point. They practise the conversation with a parent who demands to know why the teacher spoke to their child, using scripts that protect the child while maintaining professional relationships. Participants can decide when to inform the family and when to defer to the judicial authority.

Lesson 13. Intra-familial versus institutional danger, including violence at school

The reporting duty covers danger originating from any source, including within the school itself. This lesson addresses the difficult situation where the alleged perpetrator is a staff member, a volunteer, or another pupil. Article 40 CPP applies to any crime or delit committed within or on the occasion of service. Participants examine the specific obligations when a teacher suspects a colleague of abuse or when a pupil is being bullied to the point of danger (the overlap with the loi n. 2022-299 on school bullying). The lesson provides the protocol: the teacher reports to the head of establishment, who must immediately inform the procureur and the recteur. If the head is implicated, the teacher reports directly to the procureur. Participants work through a case where a teacher observes a colleague behaving inappropriately with a pupil, practising the difficult conversation and the written report. Participants can identify the correct channel for reporting institutional danger and understand the personal legal risk of inaction.

Lesson 14. After the report: feedback, confidentiality, and supporting the pupil

The teacher's responsibility does not end when the report is transmitted. This lesson covers the post-report phase. The teacher is entitled to feedback from the CRIP or the procureur on the action taken, but the teacher must respect the confidentiality of the process. The lesson explains that the teacher may not share the report with colleagues who do not have a need to know, nor with the family, nor on social media. The teacher's role shifts to supporting the pupil in the classroom: maintaining normal routines, providing emotional support without investigating, and monitoring for changes in behaviour. The lesson covers the concept of the teacher as a stable, safe adult in the child's life. Participants develop a post-report support plan for a hypothetical pupil, identifying classroom accommodations and communication boundaries. Participants can describe the teacher's role after a report and can implement appropriate classroom support.

Lesson 15. Sanction for inaction: the disciplinary and criminal exposure of looking away

The final lesson confronts the consequences of failing to report. Participants examine the disciplinary and criminal exposure of a teacher who knows or should have known of a danger and does not act. Disciplinary sanctions can range from a warning to dismissal from the civil service, depending on the gravity of the omission. Criminal sanctions under article 434-3 CP carry up to three years imprisonment and a 45,000 euro fine. The lesson presents anonymised disciplinary cases from the jurisprudence, showing how the administration has treated teachers who failed to report. Participants analyse each case to identify the factors that aggravated or mitigated the sanction. The lesson closes with a personal commitment exercise: each participant writes a personal protocol for their own practice, listing the steps they will take when they suspect a child is in danger. Participants can articulate the legal and professional consequences of inaction and have a personal protocol for fulfilling their duty.

This syllabus was designed from primary-source research of this nation's official teacher requirements and passed independent verification. The full course, its lessons, assistant, and materials are live for enrolled educators.