Up to 800 children are placed in Luxembourg's orphanages each year
Ben Wicks, Unsplash
In response to parliamentary enquiry No. 1731, the Ministers of Justice, Elisabeth Margue, and Education, Claude Meisch, explained the work of the Youth Protection Service (SCAS) and the processes involved in placing children in shelters and monitoring these institutions.
According to the Youth Protection Act 1992, SCAS can only intervene at the request of the Public Prosecutor's Office, it cannot initiate checks on its own. The service carries out social investigations, analysing the child's living conditions, his or her environment and potential risks. If the prosecutor's office or the court finds grounds, SCAS accompanies the child and his/her family in the process of remedying the situation.
Over the last 10 years, the number of minors placed in specialised institutions has varied from 687 in 2015 to 819 in 2024. The main reasons are abuse (physical, sexual, psychological), serious neglect of the child's needs, drug addiction of parents or complete abandonment of children. In cases of temporary difficulties (parental illness, family crisis), voluntary placement of a child in a shelter is allowed, but no immediate threat to the child's well-being is recorded.
Shelters are monitored by the Ministry of Education through the Service Agréments. The inspections are based on the National Plan for Children and Families, which requires institutions to comply with strict standards. Every six months, shelters must send a report to the National Office for Children's Aid (ONE), confirming compliance.
In case of violations, the state can revoke a shelter's licence or initiate an investigation. The new Bill 7994 proposes stricter controls, including the introduction of an independent quality assessment system and complaint mechanisms.
If abuse becomes known, any citizen is obliged to report it to the Public Prosecutor's Office. Two parallel procedures are initiated: a criminal investigation against the alleged perpetrator and a check whether the child requires additional protection.
In emergency cases, the prosecutor's office can immediately order the temporary removal of a child from the family, ensuring the child's safety. The whole process works 24/7 to ensure that there are no delays in child protection.
The Ministry of Education is not aware of complaints of inappropriate conditions or abuse in childcare centres. However, the government does not keep systematic records of such incidents.
If violations were recorded, the authorities could revoke the institution's licence, relying on the 1998 law governing social and family services.
Luxembourg has a multi-layered child protection system, including social services, courts, prosecutors and specialised agencies. However, the lack of systematised information on violations in shelters may indicate gaps in monitoring. The new draft law should strengthen monitoring by ensuring transparency of childcare institutions and child protection mechanisms.
