IDEAS home Printed from https://ideas.repec.org/a/eee/cysrev/v33y2011i1p195-203.html
   My bibliography  Save this article

Judicial bias in adjudicating the adoption of minors in Israel

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0190-7409(10)00295-1
    Download Restriction: Full text for ScienceDirect subscribers only
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. 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.
    2. 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.
    3. Robert Ebel, 1951. "Estimation of the reliability of ratings," Psychometrika, Springer;The Psychometric Society, vol. 16(4), pages 407-424, December.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. 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.
    2. Rzepnicki, Tina L. & Johnson, Penny R., 2005. "Examining decision errors in child protection: A new application of root cause analysis," Children and Youth Services Review, Elsevier, vol. 27(4), pages 393-407, April.
    3. Bywaters, Paul & Brady, Geraldine & Sparks, Tim & Bos, Elizabeth & Bunting, Lisa & Daniel, Brigid & Featherstone, Brid & Morris, Kate & Scourfield, Jonathan, 2015. "Exploring inequities in child welfare and child protection services: Explaining the ‘inverse intervention law’," Children and Youth Services Review, Elsevier, vol. 57(C), pages 98-105.
    4. Morton, Cory M. & Ocasio, Kerrie & Simmel, Cassandra, 2011. "A critique of methods used to describe the overrepresentation of African Americans in the child welfare system," Children and Youth Services Review, Elsevier, vol. 33(9), pages 1538-1542, September.
    5. Emily Keddell, 2022. "Mechanisms of Inequity: The Impact of Instrumental Biases in the Child Protection System," Societies, MDPI, vol. 12(3), pages 1-19, May.
    6. Boatswain-Kyte, Alicia & Esposito, Tonino & Trocmé, Nico & Boatswain-Kyte, Alicia, 2020. "A longitudinal jurisdictional study of Black children reported to child protection services in Quebec, Canada," Children and Youth Services Review, Elsevier, vol. 116(C).
    7. Ben-David, Vered, 2016. "Substance-abusing parents and their children in termination of parental rights cases in Israel," Children and Youth Services Review, Elsevier, vol. 66(C), pages 94-100.
    8. Whitcombe-Dobbs, Sarah & Schluter, Philip J. & Tarren-Sweeney, Michael, 2023. "Self-report measures of parental psychosocial functioning did not predict further maltreatment of children involved with child protection services: A small cohort study," Children and Youth Services Review, Elsevier, vol. 150(C).
    9. Paul Hoffman, 1963. "Test reliability and practice effects," Psychometrika, Springer;The Psychometric Society, vol. 28(3), pages 273-288, September.
    10. Kim, Yusoon & Choi, Thomas Y., 2021. "Supplier relationship strategies and outcome dualities: An empirical study of embeddedness perspective," International Journal of Production Economics, Elsevier, vol. 232(C).
    11. Mohamud, Faisa & Edwards, Travonne & Antwi-Boasiako, Kofi & William, Kineesha & King, Jason & Igor, Elo & King, Bryn, 2021. "Racial disparity in the Ontario child welfare system: Conceptualizing policies and practices that drive involvement for Black families," Children and Youth Services Review, Elsevier, vol. 120(C).
    12. Bellamy, Jennifer L., 2008. "Behavioral problems following reunification of children in long-term foster care," Children and Youth Services Review, Elsevier, vol. 30(2), pages 216-228, February.
    13. Fallesen, Peter, 2016. "Downward spiral: The impact of out-of-home placement on paternal welfare dependency," Children and Youth Services Review, Elsevier, vol. 66(C), pages 45-55.
    14. Albers, Bianca & Mildon, Robyn & Lyon, Aaron R. & Shlonsky, Aron, 2017. "Implementation frameworks in child, youth and family services – Results from a scoping review," Children and Youth Services Review, Elsevier, vol. 81(C), pages 101-116.
    15. Chung-Chou Chu & Annisse' Abi-Dargham & Bette Ackerman & Maummer Cetingok & Helen E. Klein, 1989. "Sex Differences in Schizophrenia," International Journal of Social Psychiatry, , vol. 35(3), pages 237-244, September.
    16. Harris, Marian S. & Jackson, Lovie J. & O'Brien, Kirk & Pecora, Peter, 2010. "Ethnic group comparisons in mental health outcomes of adult alumni of foster care," Children and Youth Services Review, Elsevier, vol. 32(2), pages 171-177, February.
    17. Paul F. Zelhart JR & Milton S. Davis, 1973. "Therapeutic Conditions and Physician—Patient Interactions: With Comment On Criticisms of Truax's Scales," International Journal of Social Psychiatry, , vol. 19(1-2), pages 70-76, April.
    18. Walter Kristof, 1963. "Statistical inferences about the error variance," Psychometrika, Springer;The Psychometric Society, vol. 28(2), pages 129-143, June.
    19. Barbee, Anita P. & Christensen, Dana & Antle, Becky & Wandersman, Abraham & Cahn, Katharine, 2011. "Successful adoption and implementation of a comprehensive casework practice model in a public child welfare agency: Application of the Getting to Outcomes (GTO) model," Children and Youth Services Review, Elsevier, vol. 33(5), pages 622-633, May.
    20. Liao, Minli & White, Kevin R., 2014. "Post-permanency service needs, service utilization, and placement discontinuity for kinship versus non-kinship families," Children and Youth Services Review, Elsevier, vol. 44(C), pages 370-378.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:cysrev:v:33:y:2011:i:1:p:195-203. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/childyouth .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.