Research on Relation between Parental Right and Public Intervention in Parent-Child Relationship for Protection of Abused Child.

1997 Fiscal Year Final Research Report Summary

• Project/Area Number: 08620008
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Nagasaki University
• Principal Investigator: IKUNO Masakata Nagasaki University, Faculty of Environmental Studies, Professor., 環境科学部, 教授 (80128149)
• Project Period (FY): 1996 – 1997
• Keywords: Parental Right / Local Government's Intervention in Parent-Child Relationship / Child Abuse / Parental Responsibility / Restriction on Parental Rights / Child Welfare Act / Placement of child / 養護施設入所

Research Abstract

Interviews were made to the social workers in the Child Guidance Centers and child care institutions in Nagasaki, Fukuoka, Kita-Kyushu, Osaka, and Tokyo, in order to analyze the problems of public services for the protection of children against child abuse and neglect by their parents. The objective is to make a survey of how public measures for children's protection and parents' rights are coordinated when they conflict. The results are as follows :
1 Previously each agency had a general guideline to give supports of social casework aiming at re-establishment of a good relationship between parents and children. Even when separation of a child from parents' custody was necessary, they used to get the parental consent.
2 However, there are a number of cases where parents make protests against measures for children's protection. Although parents have responsibilities for children, the present Article prescribed their authorities as "parental right". Also it is uncertain in Child Welfare Act whether parental rights are restricted or not after the separation. Therefore, new prescriptions are needed.
3 Recently above agencies show a tendency to take coercive placement of children and restrict parental rights willingly, attaching importance to the protection of children. They understand that protection of children should be given priority over parental rights. However, as parental rights are unreasonably neglected in some cases, due process of law should be protected in coercive placements of children and restrictions on parental rights.
4 In treating child abuse and neglect, the casework approach is considered important. However, Child Guidance Centers should sometimes take legal actions to intervene in parent-child relationship in addition to their function as caseworkers. Because they are playing two conflicting roles at the same time, it is necessary to re-examine the present system for the protection of children.