Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study. (April 2017)

• Record Type: Journal Article
• Authors: Gal, Tali; Schilli‐Jerichower, Dahlia
• Is Part Of: Family court review. Volume 55:Number 2(2017:Apr.)
• Page Start: 177
• Page End: 194
• Publication Date: 2017-04
• Subjects: Child Protection -- Family Group Conferencing -- Israel -- Motivational Interview -- Out‐of‐Home Placement -- Problem Solving -- Therapeutic Jurisprudence -- and Youth Court; Domestic relations courts -- United States -- Periodicals; 346.7301505
• DOI: 10.1111/fcre.12272
• Languages: English
• ISSNs: 1531-2445

Abstract

Abstract : This article considers the contribution of therapeutic jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) 1960 relating to its substance, procedures, and practice. TJ is a "field of enquiry" that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families. Key Points for the Family Court Community: Imports insights from criminology, problem‐solving, and restorative justice into the field of child protection Includes some practical suggestions to make child‐protection decisions more therapeutic Suggests a principle of parsimony in child protection Suggests a hierarchy of interventions for different levels of need for children Suggests reform for the active involvement of children in child‐protection decisions Suggests an emphasis on active involvement of parents, through family group conferencing models as well as through mainstream decision making Presents suggestions for therapeutic judging practices for youth court judges