Lawyers
Attorney for the Youth Law (treatment and supervision)
Children are the most sensitive characters in human society, we all want them to grow up optimally, receive a good education, love, warmth, and abundance so that they can be happy adults. It is precisely for this reason that nothing breaks our hearts more than seeing a child or teenager growing up in an environment in which they do not receive affection or education.
Many criminals have experienced a challenging childhood, often accompanied by domestic violence.
What can we do about these situations?
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
The modern western society has adopted the principles of liberalism that were developed in modern times and has set itself the goal of ensuring that man’s natural freedom and the rights to life, equality, and property are protected. Besides the right to freedom and equality, another value rose to the top of the Western scale of values: brotherhood. Contrary to most societies and countries in the past, the modern West has taken upon itself the responsibility of caring for all members of society, and especially for the weak and small, as part of the brotherhood of humanity. As a result of this value concept of mutual guarantee, which is also found in the Israeli tradition, the term guardianship was created in the law.
Guardianship: what is it?
Naturally, when we are born into the world, our parents – our father and mother – are the most significant, powerful, and influential figures in our lives. In times of need, we rely on them, confident that they will protect us from any harm. According to the state, the natural relationship between parents and their children establishes a series of obligations on the part of the parents towards their children, which defines them as the default of those who are responsible for the welfare of the minor. As in Israeli law, the Legal Qualification and Guardianship Law (5772 1962) states that “parents are the natural guardians of their minor children.”
Unfortunately, the problems begin when things go wrong, when parents find themselves unable or unwilling to take care of their young children for one reason or another.
In the event that the minors are under 18, the legal age of majority in the State of Israel (a definition also established in the Legal Qualifications Law) Section 3: “A person who has reached the age of 18 is an adult”), the state appoints another person from the minor’s natural parents who will be responsible for the minor’s welfare. In this case, the supervisor is referred to as a guardian.
Generally speaking, the reasons for the appointment of a guardian, or as professional lawyers would refer to it as “termination of the natural guardianship” are varied and very complex, and the scope of the guardian’s powers, as well as the conditions for returning the natural guardianship to the parents are spelled out in the Youth (Care and Supervision) Law, 1960. Its purpose is to clearly define the limits within which the state, through different systems, is responsible for monitoring the welfare of minors whose parents are unable to act as their natural guardians.
According to the Youth (Care and Supervision) Law, a minor who is “in need” will usually be appointed a guardian by the state when certain circumstances arise. Among the situations provided by the law are: when there is no known adult person acting as a guardian for a minor (for example, when the minor’s parents have passed away or disappeared), when the existing guardian fails to fulfill his role or even harms the minor, when the minor lives in an environment where many crimes and violations are committed, and so on.
1960-1957 Youth (Care and Supervision) Law
Minors in need
2. Minors are in need of assistance when one of the following occurs:
(1) It was determined that no one found responsible for him.
(2) the person responsible for the minor is incapable of caring for or supervising him, or neglects to do so;
(3) He committed an offense that is a criminal offense but was not prosecuted criminally;
(4) he was found panhandling, peddling, or wandering in violation of the Youth Labor Law, 5773-1953;
(5) he has a bad influence or lives in an area that is regularly used as a crime scene;
(6) His physical or mental well-being is adversely affected or may be adversely affected;
(7) He was born with withdrawal syndrome caused by drugs.
What is the actual process?
As stated, there are a variety of cases in which the law applies, so how does one go to court in these instances? What is the best way to treat a minor?
When a minor lacks a guardian or when his parents do not fulfill their role and harm him, various people who are in contact with him (a relative, friend, friend, neighbor, professional such as a teacher or educator, rabbi, etc.) can contact the welfare ministry or the police. In Section 30 of the Youth Law, the Minister of Welfare is required to establish a professional training system for social workers who wish to specialize in situations of this nature and who are employed by the Ministry upon completion of their training. When information reaches the Ministry of Welfare regarding the problematic situation of a minor, a social worker of this type is responsible for investigating the incident and, if necessary, ordering the police to separate the child from his parents or surroundings.
A social worker for juvenile law is authorized to take a variety 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 beginning and request a variety of judicial orders, such as removal from custody, an interim order for urgent and immediate action, or a supervision order that gives supervision power and permits visits to the minor’s home.
It is essential to recognize that the welfare officer’s decisions are not “the end of the story,” a wide range of options are available. It is evident from the case law that only the court has the authority to determine parental support definitively, and that a child sitting with his parents is in the best interests of the child when it is determined in court that his return to his parents is in the child’s best interests. In one of the famous judgments on the subject (A.A. 6106/92 Pelonit v. the Attorney General), Judge Levin wrote:
“It is not the role of this court to change the order of the world, and it does not uproot children from their natural parents because they are not perfect parents and transfer them to another family that is regarded as warm and orderly. It is a natural, primary and very important right for parents to raise their children, and when determining whether a parent is capable of being a parent, the court must ensure that this right is taken into account.”
In Conclusion
Legal consultations related to youth law
Cases relating to Juvenile Law are usually complex not only legally, but also emotionally.
We strongly recommend that you seek the assistance of a lawyer who specializes in family law and youth law so that the process can be handled smoothly, the parties’ rights are protected, and the most effective result is achieved faster and more efficiently.
Mor & Co.’s family law department has extensive experience in this area of law. Our firm handles complex family law cases and represents clients before courts, including family courts and juvenile courts.
Having years of experience in family law, we are dedicated to doing our best and making our expertise available to our clients, all while maintaining and being careful in all matters related to the legal process and respecting your interests. For legal advice regarding the Youth Law and the welfare of minors, please contact us by phone today at 02-595-3322 or via WhatsApp at 050-811-6181.
