Are they guilty of their parental behavior? Parenting forms constructed in termination of parental rights court cases

Abstract

The study examines forms of parenting constructed in Israeli termination of parental rights (TPR) cases, and the processes involved in their construction, based on a qualitative thematic analysis of 130 TPR cases. The study hypothesized that, due to lack of clearly-defined evaluation criteria, judges and professionals engage in social constructions of reality processes related to the child-parent relationship. The analysis indicated that, through constructions of non-normative parenting, biological parents are depicted, in court, not only as dysfunctional and parentally unfit but also as ''guilty.'' Four categories of such parenting were identified: impaired, ''failed,'' dangerous and harmful. The perception of guilt resulted from the courts' attribution of parental behavior to pathological psychological factors, while ignoring contextual factors such as poverty and stress. The study discusses how negative views of parenting impact on legal decisions aimed at serving the child's best interests and consequent implications for social work and legal practices.

Analysis of Foreign Practice in the Field of Legal Grounds and Approaches to Restriction, Deprivation of Parental Rights and Removal of a Child from His/Her Parents in Case of an Immediate Threat to His or Her Life or Health

“…Были выделены четыре категории такого воспитания: нарушенное, «неудачное», опасное и вредное. Восприятие вины возникло в результате отнесения судами родительского поведения к патологическим психологическим факторам [12].…”