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

Area of Science:

• Legal Studies
• Social Work
• Child Welfare

Background:

• Child neglect is a prevalent form of maltreatment, yet research is underdeveloped.
• A gap exists between theoretical definitions and legal operationalization of child neglect.

Purpose of the Study:

• To examine how Israeli courts define and interpret child neglect in practice.
• To address the gap between theoretical and legal definitions of child neglect.

Main Methods:

• Systematic analysis of 68 Israeli court judgments over 50 years.
• Thematic analysis of cases from the Nevo legal database.
• Inclusion criteria focused on allegations/substantiation of child neglect and court determinations.

Main Results:

• Three themes emerged: tangible neglect (physical, medical, educational needs), emotional neglect (ranging from shortcomings to abandonment), and distinguishing poverty from neglect.
• Courts showed consistency in defining neglect, relying on legislation for clear cases and judicial interpretation for ambiguous ones.
• A coherent practical framework for neglect has developed, particularly for clear-cut cases.

Conclusions:

• Israeli courts have established a practical framework for identifying neglect, from tangible to emotional forms.
• Judicial interpretation is crucial for ambiguous cases, especially concerning emotional neglect and poverty.
• Clearer statutory frameworks are recommended to ensure continued consistency in judicial decision-making regarding child neglect.