French Public Health Code
In forceI.-The micro-crèches mentioned in 1° of article R. 2324-46 are exempt from the obligation to appoint a director. The provisions of article R. 2324-34 do not apply to them.
Where the micro-crèche does not have a director, the manager of the establishment is required to appoint a natural person as technical advisor, who may be different from the persons responsible for supervising the children.
The tasks of the technical advisor are:
1° To ensure the technical monitoring of the establishment and to draw up and monitor the implementation of the establishment's project;
2° To support and coordinate the activities of those responsible for supervising the children.
If the technical advisor does not hold one of the qualifications mentioned in I of article R. 2324-34 or in article R. 2324-35, the manager must ensure that a person who does hold one of these qualifications is present on a regular basis, for a total of ten hours per year with the technical advisor and the professionals responsible for supervising the children, including two hours per quarter.
II - The same natural person may be designated as the technical advisor for several micro-crèches, up to a maximum of three, including when these are managed by different natural or legal persons.
By way of derogation from Article R. 2324-34-2, when the same natural person performs the duties of technical advisor in several micro-crèches:
1° His or her minimum working time for performing the duties of technical advisor is equal to the percentage of time defined in 1° of Article R. 2324-46-1 multiplied by the number of micro-crèches for which she performs the duties of technical advisor;
2° Her qualification meets the requirements defined in I of Article R. 2324-34 or in Article R. 2324-35 if she performs the duties of technical advisor in three micro-crèches.
The provisions of article R. 2324-36 do not apply to micro-crèches.
III - The professionals mentioned in 1° of article R. 2324-42 may be replaced by persons who can prove that they have at least level 3 certification, registered in the national register of professional certifications provided for in article L. 6113-1 of the Labour Code, attesting to skills in the field of the care of young children and two years' professional experience, or three years' professional experience as an approved childcare assistant.
