Court Considerations in the Termination of Parental Rights: A Comprehensive Analysis of Israeli Court Decisions

• Date: 01 October 2016
• Published date: 01 October 2016
• Author: Vered Ben‐David
• DOI: http://doi.org/10.1111/fcre.12245

COURT CONSIDERATIONS IN THE TERMINATION OF PARENTAL

RIGHTS: A COMPREHENSIVE ANALYSIS OF ISRAELI COURT

DECISIONS

Vered Ben-David

Court decisions to terminate parental rights (TPR) have a major impact on parents and children, but the decision-making pro-

cess is unclear. Analysis of 261 Israeli TPR court cases indicated the dominance of considerations relating to normative paren-

tal 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.

Key Points for the Family Court Community:

This study analyzes key considerations of the courts in termination of parental rights cases.

Judgments of parental capacity ref‌lected implicitly or explicitly value or criteria on desirable parenting.

Professional considerations deriving primarily from psychology and social work disciplines governed the legal discus-

sion of parents and children’s rights.

Special weight has been accorded to the parents’ social normativity.

Insuf‌f‌icient consideration has been given to the social-cultural context of parenting as well as to the loss of the child

following his/her detachment from primary caregivers.

Keywords: Adoption; Child Maltreatment; Court Cases; Factor Analysis; Freeing a Child for Adoption; Parental

Capacity; and Termination of Parental Rights.

INTRODUCTION

Court decisions to terminate parental rights (TPR) and declare a child eligible for adoption against

his parents’ wishes constitute far-reaching decisions, for they end the natural child–parent relationship

and separatea child from his/her family of origin (Budd, Connell, & Clark, 2013). TPR proceedings are

usually initiated in the worst cases of child maltreatment, when various placement options have failed to

secure a child’s well-being and the parents are considered parentally incapable (Azar, Benjet, Fuhrmann,

& Cavallero, 1995; Azar, Lauretti, & Loding, 1998; Budd, 2005; Wattenberg, Kelley, & Kim, 2001).

The primary aim of the present study was to examine the main considerations of the courts in Israeli

TPR cases. Most current legislatures in Western societies include provisions for TPR. Parental capacity

to take due care of the child and act in the child’s best interest is a fundamental issue, which i s examined

by the courts in TPR proceedings. Therefore, the present study of the legal decision-making process in

Israel can have theoretical and practical implications for other legal systems. Given the scant research lit-

erature on TPR (Meyer, McWey, Mckendrick, & Henderson, 2010; Wattenberg et al., 2001), this study

hopes to make an important contribution in this area.

BACKGROUND

The legal arrangement for TPR and freeing a child for adoption is widely accepted in Western

legal systems. Although the terms used (e.g., TPR vs. “dispensing with the parent’s consent to adoption”)

Correspondence: vered_bd@hotmail.com

FAMILY COURT REVIEW, Vol. 54 No. 4, October 2016 591–602

V

C2016 Association of Family and Conciliation Courts