Lawyers
Youth Law Attorney — Care and Supervision of Minors
Children are the most vulnerable members of our society. We all want them to grow up in optimal conditions — receiving a quality education, love, warmth, and stability so they can develop into healthy, well-adjusted adults. It is precisely for this reason that few things are more distressing than seeing a child or teenager growing up in an environment lacking affection or proper guidance. Research consistently shows that many individuals who engage in criminal behavior experienced a troubled childhood, often marked by domestic violence. The question is: what can be done when a child’s welfare is at risk?
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Member states shall use their best efforts to ensure that both parents share responsibility for the upbringing and development of the child. Parents, or legal guardians as the case may be, bear primary responsibility for the upbringing and development of their children. The child’s best interests shall be their fundamental concern.
Modern Western society has embraced the principles of liberalism developed in the modern era, committing itself to protecting each individual’s natural freedom and fundamental rights to life, equality, and property. Alongside freedom and equality, another core value has risen to prominence in Western civilization: solidarity. Unlike most societies of the past, the modern West has assumed collective responsibility for the welfare of all members of society — particularly the weak and the young — as part of a broader commitment to mutual care. From this ethic of shared responsibility, which also finds deep roots in Jewish tradition, the legal concept of guardianship was born.
What Is Guardianship?
From the moment we are born, our parents are the most significant, powerful, and influential figures in our lives. In times of need, we rely on them with the confidence that they will protect us from harm. Under Israeli law, the natural relationship between parents and children establishes a series of legal obligations on the part of the parents, designating them as the default parties responsible for the minor’s welfare. As stated in the Legal Capacity and Guardianship Law, 5722-1962: “Parents are the natural guardians of their minor children.”
The problems arise when circumstances go wrong — when parents find themselves unable or unwilling to care for their young children. For minors under the age of 18 (the legal age of majority in Israel, as defined in Section 3 of the Legal Capacity Law: “A person who has reached the age of 18 is an adult”), the state appoints another individual to assume responsibility for the minor’s welfare in place of the natural parents. This appointed individual is known as a guardian.
The grounds for appointing a guardian — or, in legal terms, “terminating the natural guardianship” — are varied and complex. The scope of the guardian’s powers and the conditions for restoring natural guardianship to the parents are detailed in the Youth (Care and Supervision) Law, 5720-1960. This law clearly defines the boundaries within which the state, through its various agencies, is responsible for monitoring the welfare of minors whose parents are unable to fulfill their role as natural guardians.
Under the Youth (Care and Supervision) Law, a minor classified as “in need” will typically be assigned a state-appointed guardian when certain circumstances arise. These include situations where no known adult is acting as the minor’s guardian (for example, when the parents have passed away or disappeared), where the existing guardian fails to fulfill their responsibilities or actively harms the minor, or where the minor lives in an environment characterized by frequent criminal activity.
Youth (Care and Supervision) Law, 5720-1960 — Minors in Need (Section 2): A minor is considered in need of care when any of the following circumstances exist: (1) No person has been found responsible for the minor; (2) The person responsible for the minor is unable to care for or supervise the minor, or neglects to do so; (3) The minor committed a criminal offense but was not criminally prosecuted; (4) The minor was found begging, peddling, or working in violation of the Youth Labor Law, 5713-1953; (5) The minor is subject to harmful influences or resides in an area regularly used for criminal activity; (6) The minor’s physical or mental well-being has been harmed or is at risk of being harmed; (7) The minor was born with withdrawal symptoms caused by drug exposure.
How Does the Process Work?
As outlined above, the law applies to a wide range of circumstances. So how does the process actually reach the courts, and what is the proper approach to safeguarding a minor’s welfare?
When a minor lacks a guardian, or when the parents fail to fulfill their responsibilities and cause harm to the child, various individuals in contact with the minor — including relatives, friends, neighbors, and professionals such as teachers, educators, or clergy — may report the situation to the Ministry of Welfare or the police. Under Section 30 of the Youth Law, the Minister of Welfare is required to establish a professional training system for social workers who specialize in these matters and are employed by the Ministry upon completing their training. When the Ministry receives information about a minor’s problematic circumstances, a trained social worker is assigned to investigate the situation and, if necessary, may direct the police to separate the child from the parents or harmful environment.
A youth law social worker is authorized to take a range of legal measures to protect minors from immediate danger. The social worker represents the minor in court until a guardian is appointed and oversees the case thereafter. The social worker may also apply directly to the juvenile court from the outset, requesting various judicial orders — such as a removal order, an interim order for urgent and immediate action, or a supervision order granting the authority to monitor and visit the minor’s home.
It is essential to understand that the welfare officer’s decisions are not the final word. A wide range of legal options remain available. Case law makes clear that only the court has the authority to make definitive determinations regarding parental custody, and that keeping a child with their parents is presumed to be in the child’s best interests — unless the court determines otherwise. In one of the leading judgments on this subject (AA 6106/92, Pelonit v. The Attorney General), Justice Levin wrote:
“It is not the role of this court to remake the natural order, nor to uproot children from their natural parents merely because those parents are imperfect and transfer them to another family deemed more warm and orderly. It is a natural, primary, and profoundly important right for parents to raise their children. When determining whether a parent is capable of fulfilling that role, the court must ensure that this fundamental right is given due weight.”
Cases involving the Youth (Care and Supervision) Law are among the most complex matters in family law — not only legally, but emotionally. We strongly recommend retaining an attorney who specializes in both family law and youth law to ensure the process is handled with care, all parties’ rights are protected, and the most effective outcome is achieved. Mor & Co.’s Family Law Department has over 15 years of experience in this area. Our firm handles complex family law cases and represents clients before family courts and juvenile courts throughout Israel. We are committed to leveraging our expertise on your behalf while safeguarding your interests at every stage of the legal process. For legal advice regarding the Youth Law and the welfare of minors, contact us at 02-595-3322 or via WhatsApp at 050-441-1343.
