Indre-et-Loire. The caregiver wanted to force a disabled child to wipe up his spit with his clothes | The mail

Indre-et-Loire. The caregiver wanted to force a disabled child to wipe up his spit with his clothes | The mail
Indre-et-Loire. The caregiver wanted to force a disabled child to wipe up his spit with his clothes | The mail


Editorial team Le Petit Courrier – L’Echo

Published on

May 24, 2024 at 3:13 p.m.

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The administrative court of Orléans disavowed a caregiver of the child psychiatry service for neurodevelopmental diseases of Chinonais hospital center (Indre-et-Loire), who contested the sanction imposed on him in February 2021 after wanting to force a child to clean up the spit he had made on the ground with his own clothes.

The healthcare professional had been excluded for these facts for a monthhalf of which are suspended, of this specialized service which welcomes children aged 3 to 16 with a disability and “heavily medicalized”.

Make him clean the floor with his own clothes

But, before the courts, she considered that this sanction was “manifestly disproportionate” insofar as she had “always given complete satisfaction” to her bosses and that she had “never received no sanctions or warnings previously “.

A specialized educator from the service had in fact reported seeing this caregiver “grab a child by the arm” with the intention of making him clean the floor with your own clothes on which he had just spit.

She then “stopped” her action, and this caregiver had immediately regretted this “impulsive gesture” which had “never happened before” and this “misstep”.

Seized of the case, the disciplinary council had “recommended that no sanction be taken”, relates the administrative court of Orléans in a judgment dated March 14, 2024 which has just been made public, but the director of the hospital center of Saint-Benoît-la-Forêt had “not followed this advice”: she had decided despite everything to sanction this nursing assistant who had been working in the establishment for twelve years – including two in the child psychiatry department for this “act unworthy and humiliating.

Disciplinary advice and complaint to the prosecutor

“The circumstance that the Disciplinary Board voted in favor of the absence of sanction and that the complaint filed by the hospital center [auprès du procureur de la République, ndlr] has been classified without further action are (…) without impact on the legality of the sanction”, the Orléans administrative judges immediately dismiss.

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“The child who caused the incident had a habit of spitting, and it was decided at a team meeting to have him clean the floor when this happened,” they recontextualize elsewhere.

But “the fact remains” that this “event” of November 4, 2020 “was going to beyond the implementation of educational choice done by the supervisory team”, underline the magistrates.

An isolated but serious event

And if “the quality of her work was recognized both by her superiors and by her colleagues”, the behavior of the caregiver “can be seen as faulty”.

“The event, although isolated, is serious: it violates the dignity of a child suffering from a neurodevelopmental disease”, recalls the administrative court of Orléans.

A four-week exclusion from dutyhalf of which was suspended, was therefore indeed a sanction “proportionate” to the acts committed.

Exclusion canceled for another caregiver

A colleague working in the same department benefited from a favorable judgment: exclusion of functions of three days which had been inflicted on him for having “put a helmet on the head” of a little girl with a “vexatious aim” then having “left her alone without paying attention to the risks of strangulation”, following the revelations of the same specialized educator, was for its part canceled.

This caregiver was in fact facing “a problem behavior of screaming type” from the child, reports the administrative court in this second judgment dated the same day.

The little one had “could have suffered threats from caregivers verbalizing that she would have “a helmet on her head” if she continued to scream,” reported the special educator.

“This threat could have been implemented by caregiversbecause it offends [la fillette] “, explained the latter.

“And, for some caregivers, the child’s annoyance allows her to understand that the behavior is not possible. However, it is about humiliation… I was able to remove the helmet (…), helmet which fell on the child’s head, cord at his throat. During the team meeting (…) I was able to alert that this was a serious mistake. »

The fact remains that if this specialized educator “precisely relates certain events which she indicates having witnessed firsthand” – as in the case of the first caregiver grabbing a child to make him wipe his spit – in this second case she “limits herself (… ) to indicate that the helmet had been put on by the applicant without claiming to have seen it to do or to have intervened as a result,” notes the administrative court of Orléans.

The hospital ordered to pay 1,500 euros

During its interview with his superiors, this second caregiver had simply been asked if she “had put a helmet on the child”, to which the person concerned had said that it was “possible” but that she did not had “no memory.” »

“This interview report also states that this practice of putting a helmet on the little girl’s head to prevent her from getting hurt had been discussed with her mother who herself used this method,” underline the judges

The sanction was therefore canceled and the Chinonais hospital center ordered to pay €1,500 to the applicant for her legal costs.

Appeals of these decisions remained possible for all parties.

GF (PressPepper)

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