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Judicial bias in adjudicating the adoption of minors in Israel

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  • Ben-David, Vered

Abstract

The decision-making process of professionals involved in child placement is prone to judgmental bias, since there is no consensual model for evaluating the key concepts of "child's best interests" and "parental capability." Several hypotheses regarding judicial bias were assumed, with emphasis on the social marginalization of the parents (operationally measured by three indicators: parents' lack of economic means, parents' social deviance, and a family history of previous adoptions and/or out-of-home placement) affecting the judge's perception of parental dangerousness, the adoption decision and its legal reasoning. Findings from a sample of 231 court decisions of compulsory adoption indicated that operational measurements of "social marginalization of the parents" were correlated and could predict the judge's perception of parental dangerousness, his decision of compulsory adoption and his reference to family rights. The legal disadvantage of socially marginalized parents was discussed from various perspectives.

Suggested Citation

  • Ben-David, Vered, 2011. "Judicial bias in adjudicating the adoption of minors in Israel," Children and Youth Services Review, Elsevier, vol. 33(1), pages 195-203, January.
    • Handle: RePEc:eee:cysrev:v:33:y:2011:i:1:p:195-203
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    References listed on IDEAS

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    1. Robert Ebel, 1951. "Estimation of the reliability of ratings," Psychometrika, Springer;The Psychometric Society, vol. 16(4), pages 407-424, December.
    2. Gambrill, Eileen D., 2005. "Decision making in child welfare: Errors and their context," Children and Youth Services Review, Elsevier, vol. 27(4), pages 347-352, April.
    3. Andersen, Signe Hald & Fallesen, Peter, 2010. "A question of class: On the heterogeneous relationship between background characteristics and a child's placement risk," Children and Youth Services Review, Elsevier, vol. 32(6), pages 783-789, June.
    4. Robinson Lowry, Marcia, 2004. "Putting teeth into ASFA: The need for statutory minimum standards," Children and Youth Services Review, Elsevier, vol. 26(11), pages 1021-1031, November.
    5. Gambrill, Eileen & Shlonsky, Aron, 2001. "The need for comprehensive risk management systems in child welfare," Children and Youth Services Review, Elsevier, vol. 23(1), pages 79-107, January.
    6. Budd, Karen S., 2005. "Assessing parenting capacity in a child welfare context," Children and Youth Services Review, Elsevier, vol. 27(4), pages 429-444, April.
    7. Harris, Marian S. & Hackett, Wanda, 2008. "Decision points in child welfare: An action research model to address disproportionality," Children and Youth Services Review, Elsevier, vol. 30(2), pages 199-215, February.
    8. Karski, Ruth Lawrence, 1999. "Key decisions in child protective services: Report investigation and court referral," Children and Youth Services Review, Elsevier, vol. 21(8), pages 643-656, August.
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