Child Neglect in the Legal System: A 50-Year Review of Israeli Court Rulings

Child neglect is the most prevalent form of child maltreatment reported to child protection services in many countries, yet research in this area remains underdeveloped. This study examined how Israeli courts define and interpret child neglect in practice, addressing the significant gap between theoretical definitions and legal operationalization. A systematic analysis of 68 Israeli court judgments spanning 50 years was conducted using thematic analysis. Cases were selected from "Nevo," a legal database, based on specific criteria involving allegations or substantiation of child neglect, with courts making specific determinations regarding neglectful behavior. Three central themes emerged: (1) Tangible neglect-failure to meet essential and observable needs (physical, medical, educational); (2) Emotional neglect-failure to meet emotional needs, ranging from subtle shortcomings to complete parental abandonment; (3) Distinguishing poverty from neglect-economic hardship alone does not constitute neglect. Courts demonstrated remarkable consistency in their approaches despite the conceptual complexities of neglect. Courts rely on existing legislation for clear cases but engage in judicial interpretation for ambiguous situations, particularly regarding emotional neglect and the distinctions between poverty and neglect. The study reveals that Israeli courts have developed a coherent practical framework that progresses from easily identifiable to increasingly complex forms of neglect, particularly where legislation provides clear guidance. At the same time, the findings highlight the need for clearer statutory frameworks to help ensure that such consistency is maintained.