Citation

Ben-David V. J. Pol. Pract. 2017; 16(1): 1-23.

Copyright

(Copyright © 2017, Informa - Taylor and Francis Group)

DOI

10.1080/15588742.2015.1125327

PMID

unavailable

Abstract

Based on an analysis of 261 court decisions, the study demonstrates how the addition of a "parental incapacity" clause as grounds for termination of parental rights (TPR) in Israeli law affected the decision-making process. Specifically, the study examines how the legal reasoning, the rate of TPR rulings, and the type of cases presented to the courts changed following the introduction of the new clause. Less emphasis on parents' rights was found as opposed to greater emphasis on parental social normativity and a higher rate of TPR rulings based on "parental incapacity." These findings and their implications are discussed.

Language: en

Keywords

Adoption; courts; decision-making process in child protection; parental capacity; termination of parental rights