How often does the court refuse to remove a child from his home?

According to Haaretz, courts rarely remove a child from his parents' home if the parents have a lawyer. Statistics show otherwise.

Gil Ronen,

Will he be removed from his home? (Illustrative)
Will he be removed from his home? (Illustrative)
iStock

Leftist organizations in the past week began pushing a law which would grant children a lawyer separate from that of their parents in cases where Israel's Welfare Ministry had decided to remove a child from his family's home.

If passed, the new law would create an unprecedented situation, since until now, Israeli parents and their children were seen as a single unit, and parents made decisions for the family, including for the children. Welfare Ministry proceedings were handled with the Ministry on one side, and the family unit on the other side. The proposed law would pit the lawyers for parents and children against each other.

According to the left, such a law would provide parents with a state-funded attorney to help them, and parents represented by an attorney are more likely to be allowed to keep their children.

However, Haaretz claims that "in 63% of cases in which the Welfare Ministry wishes to remove a child from its home and the parents are represented by a lawyer, the child remains in his home. In 93% of cases in which the parents are not represented by a lawyer, the child is removed from his home." The source for their statistics, they claim, is the Justice Ministry.

In a Facebook post, the Association for Civil Rights in Israel (ACRI) claimed that in "93% of cases, if the parents are not represented by a lawyer, the child is removed from his home. However, when the parents are represented by a lawyer, the judge accepts the Welfare Ministry's demand to remove the child from his home only in 37% of cases."

However, in a document prepared by the Knesset's Center for Information and Research for the Children's Rights Committee, the statistics are quite different.

According to the Center for Information and Research, "In 93% of cases where the parents did not have legal representation, the court accepted the Welfare Ministry's demand to remove the child from the home, whereas in cases where the parents had legal representation, the demand to remove the child was accepted in only 63% of cases.... The decision to remove a child from his parents' home was refused in 2% of cases where the parents had no legal representation, and in 25% of cases where the parents did have legal representation."

In other words, when the parents had legal representation, children were removed from their homes in 63% of cases, and were allowed to remain at home in 25% of cases.

Haaretz's claim that the child remained at home in 63% of cases, and ACRI's claim that the child was only removed from its home in 37% of cases, are both incorrect and misleading.




top