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Does A Parent's Right to Parenting Matter in Termination of Parental Rights? An Analysis of Court Cases
Author(s) -
BenDavid Vered
Publication year - 2020
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12498
Subject(s) - harm , neglect , psychology , perspective (graphical) , welfare , quarter (canadian coin) , constitutional right , developmental psychology , law , political science , social psychology , psychiatry , supreme court , archaeology , artificial intelligence , computer science , history
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.