Suchergebnisse

The right to parenting refers to the biological parent's right to make decisions about the care and wellbeing of the child and is considered a fundamental constitutional right. But if the child faces imminent risk of harm, this right can be revoked. This study examines the right to parenting in child maltreatment cases where parental rights were terminated and the way this right was balanced against other rights and interests of the child and parents. Drawing on a sample of 212 court cases, the study found that the right to parenting was discussed by the courts only in a quarter of the cases. It was also found that the right to parenting was referenced more often in less severe cases than in more severe cases. This paper discusses legal marginalization as reflective of the social marginalization of families involved in the child welfare system and the importance of a deliberate consideration of the right to parenting in every individual case from a legal as well as therapeutic perspective. It suggests that when professionals neglect parental rights they may also fail to provide parents with a full chance to participate in services that could help them improve their parenting skills and be reunified with their children.

Court decisions to terminate parental rights (TPR) have a major impact on parents and children, but the decision‐making process is unclear. Analysis of 261 Israeli TPR court cases indicated the dominance of considerations relating to normative parental functioning, the parents' ability to change, the impact of separating a child from his family, the parents' social normativity and educational ability. The legal considerations relate to the importance of the biological family, the necessity of adoption and the importance of a fair legal process. Insufficient consideration is accorded to cultural differences in parenting practices and the voice of the child.