French Public Health Code
In forceI.-A "Health and Inclusive Care" advisor is appointed in each non-permanent childcare establishment and service.
The "Health and Inclusive Care" advisor works in collaboration with the professionals mentioned in article R. 2324-40, professionals from the departmental maternal and child protection service mentioned in article L. 2112-1 and other local players in the fields of health, prevention and disability. With the agreement of the child's parents or legal representatives, he or she may consult the child's GP.
II.The role of the "Health and Inclusive Care" advisor is as follows:
1° To inform, raise awareness and advise the management and staff of the establishment or service on matters relating to the health of young children and the inclusive care of children with disabilities or chronic illnesses;
2° To present and explain the protocols provided for in II of article R. 2324-30;
3° Helping to implement the measures necessary for the proper adaptation, well-being and development of the children and respect for their needs in the establishment or service;
4° Ensuring the implementation of all measures necessary for the inclusive care of children with disabilities, living with a chronic condition, or presenting any health problem requiring treatment or special attention;
5° For a child whose state of health so requires, helping and supporting the establishment or service team in understanding and implementing an individualised care plan drawn up by the child's doctor in agreement with the family;
6° Providing health education and promotion activities for professionals, particularly with regard to nutritional recommendations, physical activity, sleep, exposure to screens and environmental health, and ensuring that holders of parental authority or legal representatives can be involved in these activities;
7° Contributing, within the framework of the departmental system for handling information of concern referred to in Article L. 226-3 of the Code de l'action sociale et des familles, in coordination with the micro-crèche's technical adviser, the technical manager or the director of the establishment or service, to identify children who are in danger or at risk of being in danger, and to inform the management and professionals about what to do in such situations;
8° Contribute, in consultation with the technical referent of the micro-crèche, the technical manager or the director of the establishment or service, to drawing up the protocols appended to the operating regulations provided for in II of Article R. 2324-30 of this Code, and ensure that they are properly understood by the team;
9° Carry out, when he or she considers it necessary for the performance of his or her duties and with the agreement of the holders of parental authority or legal representatives, on his or her own initiative or at the request of the micro-crèche's technical consultant, the technical manager or the director of the establishment or service, an examination of the child in order to consider medical referral if necessary;
10° Issue a medical certificate attesting to the absence of any contraindication for the child to be cared for in a group setting, as provided for in 1° of I of article R. 2324-39-1.
III - The "Health and Inclusive Care" referral function may be carried out by :
1° A doctor with a specialisation, qualification or experience in young children's health;
2° A person holding a State diploma in nursery nursing;
3° A person holding a State diploma in nursing with a university diploma in young children's health or a minimum of three years' experience working mainly with young children as a nurse. The procedures for calculating this three-year experience are set by order of the Minister for the Family.
IV - The terms and conditions of the "Health and Inclusive Care" advisor's involvement are set out in the employment contract or by agreement between the professional on the one hand and the establishment or service on the other or the organisation employing him/her, in accordance with the operating regulations, depending on the number of children cared for and their state of health.
The "Health and Inclusive Care" advisor works with the establishment or service as much as necessary and in accordance with the defined project. He or she must work a minimum number of hours per year in the establishment or service, depending on the type and category of the establishment or service, in accordance with articles R. 2324-46-2, R. 2324-47-2 and R. 2324-48-2.
When the duties of the "Health and Inclusive Care" referent are performed by a member of staff of the establishment or service, the working time dedicated to this function may not be confused with child supervision time or management time.
In the case of seasonal or one-off childcare as defined in article R. 2324-49 and regular childcare establishments with no more than twenty-four places, and in particular in parent-run establishments, a health professional from the departmental maternal and child protection service may carry out, under an agreement or delegation, all or part of the duties defined in this article. This professional may not also be responsible for supervising the childcare establishment or service.
