Journal articles: 'Adoption and guardianship'

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Bainham, Andrew. "PERMANENCE FOR CHILDREN: SPECIAL GUARDIANSHIP OR ADOPTION?" Cambridge Law Journal 66, no. 3 (November 2007): 520–23. http://dx.doi.org/10.1017/s0008197307000906.

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Koroleva, Elvira V., and Yana A. Volynchuk. "Implementation of State Policy in the Field of Guardianship and Trusteeship: Regional Aspect." Cuestiones Políticas 37, no. 65 (August 6, 2020): 82–92. http://dx.doi.org/10.46398/cuestpol.3865.06.

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The objective of the work is to review the implications of the implementation of state guardianship policy in the Primorsky territory of the Russian Federation. The institution of the family is the most important factor for the development of the child's personality; its role is constantly growing in the development and education of children. Without a doubt, the family is a natural educational environment for a child who leaves his mark on his behavior and character. A special place in the modern legal system is occupied by the aspect of the right of the child and the protection of the interest that is left without the care of the parents. Methodologically, use was made of the documentary research technique close to legal hermeneutics. It is concluded that the guardianship and guardianship bodies perform a series of important functions for any civilized state, namely: identification of people who need to establish one of the forms of guardianship (adoption); adoption of such persons, as well as increased supervision of the guardian, the activities of the adoptive parents and of persons authorized by the state to care for those who need their help.

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O’Connor, Rachel, Jason B. Coe, Lee Niel, and Andria Jones-Bitton. "Exploratory Study of Adopters’ Concerns Prior to Acquiring Dogs or Cats from Animal Shelters." Society & Animals 25, no. 4 (July 20, 2017): 362–83. http://dx.doi.org/10.1163/15685306-12341451.

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Caretaker expectations for companion-animal guardianship can affect attachment to, and satisfaction with, an animal. Understanding these expectations may help match adopters and companion animals, increasing success of adoptions. Seventeen one-on-one interviews were used to gain a deep understanding of the thoughts and expectations of potential cat or dog adopters at three animal shelters in Ontario, Canada. Thematic analysis was conducted until data saturation was achieved (n = 14). Animal behavior was the most common prior concern held by participants, specifically, unknown history, aggression, incompatibility between animals, and shy or aloof, destructive, or vocal behavior. Participants who identified adoption “deal-breakers” often identified specific traits they wanted and did not want in an animal. In contrast, others indicated they would seek out training or advice for problem behaviors. Participants discussed prior human-related concerns less frequently. Understanding pre-adoption concerns at the time of adoption will assist in better preparing individuals for companion-animal guardianship.

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Testa, Mark F. "When Children Cannot Return Home: Adoption and Guardianship." Future of Children 14, no. 1 (2004): 114. http://dx.doi.org/10.2307/1602757.

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Howard, Jeanne A., Susan Livingston Smith, Diane L. Zosky, and Kim Woodman. "A Comparison of Subsidized Guardianship and Child Welfare Adoptive Families Served by the Illinois Adoption and Guardianship Preservation Program." Journal of Social Service Research 32, no. 3 (July 26, 2006): 123–34. http://dx.doi.org/10.1300/j079v32n03_07.

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Radchenko, L. "LLEGAL GROUNDS FOR REGULATION FOR CERTAIN FORMS OF ARRANGEMENT FOR CHILDREN IN INTERNATIONAL FAMILY LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 45–50. http://dx.doi.org/10.17721/1728-2195/2020/5.115-10.

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The article considers legal principles of regulation for relations of guardianship, care and adoption in international family law, the regulation of these forms of arranging children in law and their interpretation in the legal doctrine of certain foreign states, the definition of features and peculiarities of these concepts, the definition of relations in this field, as well as formulation of conclusions and proposals aimed at harmonization of national legislation with the law of leading foreign states. Legal grounds for the regulation of the relations of guardianship, care and adoption in the legislation of some foreign countries shows that there are different legislative approaches to the regulation of such forms of placement of children. Historical, religious, national factors, elements of tradition and culture – all these factors significantly affect the substantive content of the essential traits of care, and adoption in different countries. At the same time, the basic provisions of such institutions are unchanged – both guardianship and adoption are intended to promote the upbringing and development of the child, to guarantee the exercise of their rights and legitimate interests, to ensure their care and custody. Custody relations are regulated both on the basis of conflict law rules and in accordance with substantive rules of private international law. For example, in Ukraine the establishment and cancellation of custody of minors, disable persons are regulated by the personal law of the ward. The obligation of the guardian to accept guardianship is determined by the personal law of the person appointed by the guardian. The relationship between the guardian and the person under guardianship is determined by the law of the state the body of which appointed the guardian. The regulation of relations for international adoption is subject to conflict of law rules. In Ukraine, adoption and its abolition are governed by the child's personal law and by the adopter's personal law. A person's ability to be an adopter is determined in accordance with his or her personal law. The legal consequences of adoption or termination are determined by the personal law of the adopter. One of the areas of state activity regarding adoption should be effective monitoring and control over the processes of adoption including the participation of foreign entities as well as the further upbringing, care and observance of the rights and interests of children who have been adopted by foreigners.

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Petyukova, Oksana. "EVOLUTION OF LEGISLATION ON ADOPTION OF CHILDREN IN THE RUSSIAN FEDERATION." CBU International Conference Proceedings 2 (July 1, 2014): 234–37. http://dx.doi.org/10.12955/cbup.v2.469.

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This article discusses the development of legislation on adoption of children in the Russian Federation. Results were obtained from the analysis, in the historical and modern aspects, of the legislation on adoption of children that allows us identify the problems associated with the regulations on the children-orphans adoption in the family.The results of the court statistics demonstrated that almost every second child adopted by Russian citizens is returned to authorized guardianship bodies. However, adoption of children by foreign citizens or non-resident persons shall be allowed only in the cases of absolute impossibility in granting adoption to permanent residents of the Russian Federation or to the children's relatives.The article formulates the improvement tendencies in the adoption legislation of the children: creating a system for an open adoption, simplifying adoption establishment procedures, improving mechanisms in legal, organizational, and psychological support of Russian citizens intending to adopt children.The results will be useful for those who are interested in the process of adoption, lawyers, representatives of the guardianship, and family members.

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Dóczi, Martha. "Children's Rights in Hungary in the Aftermath of the Revolution of 1989." International Journal of Children's Rights 17, no. 4 (2009): 543–59. http://dx.doi.org/10.1163/092755609x12493037345899.

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AbstractThe Hungarian Family Act was adopted in 1952 (Act No. VI.1952. on Marriage, Family and Guardianship) and amended on several occasions. Part one of the Family Code contains the regulations relating to marriage. The second part of the family Code summarizes the rules relating to the family (family, child, adoption, maintenance, custody etc.). The third part of the Family Act deals with guardianship. The other legislation regarding the children's rights are the Child Protection Act and the Decree on Guardianship. (Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.) In 1991 and 1993, Hungary adopted provisions both from the United Nations Convention on the Rights of the Child (Act LXIV of 1991) and from the European Convention on Human Rights (Act XXXI of 1993).

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Zolotukhina, Mariya V. "“FOLLOWING UP ON THE MOTHERS DISCUSSION OF A HEALTHY LITTLE GIRL”. GENDER DIMENSIONS OF ADOPTION." RSUH/RGGU Bulletin. Series Philosophy. Social Studies. Art Studies, no. 1 (2021): 246–57. http://dx.doi.org/10.28995/2073-6401-2021-1-246-257.

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The article presents the gender dimension of the discourse about adopted children in Russian social networks. Basing on the included observation and textual analysis during 2014–2021, it interprets female (key) and male roles in the adoption/guardianship – from discussing the decision to adopt a child and the search organizing to adaptation; gender wishes of candidates are identified (preference is given for girls). It was found that women are much more involved in the discussion of adopting/fostering than men.

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Panjaitan, Hulman. "The THE CONSEQUENCE OF INTERNATIONAL LAW OF CHILDREN APPOINTMENT IN INDONESIA." Advances in Social Sciences Research Journal 7, no. 4 (April 19, 2020): 102–6. http://dx.doi.org/10.14738/assrj.74.8078.

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The adoption of children is nothing new in Indonesian society, including the adoption of international children, more specifically the adoption of children carried out by foreign citizens of Indonesian citizens. In practice, international appointments cause many legal problems, especially those related to the legal consequences. In this study normative juridical legal research methods are used with qualitative data analysis, which analyzes the data of the brother through existing legal materials based on applicable laws and regulations. At least as a result of international child adoption law, relating to aspects of citizenship, marriage guardianship and inheritance.

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Creț, Daniela Cristina. "Certain Considerations Regarding the Attributions of the Romanian Guardianship Court in the Protection of the Minors." Journal of Legal Studies 26, no. 40 (December 1, 2020): 189–200. http://dx.doi.org/10.2478/jles-2020-0020.

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AbstractThe minors’ vulnerability led to the adoption of certain special means of protection. Among them, special protection measures and adoption play a special role. This paper analyses the Romanian court attributions, as guardianship court in the matter of these measures which are regulated by the dispositions of the Law no. 272/2004 republished, regarding the protection and promotion of children's rights and of the Law no. 273/2004 on the procedure of adoption, and it is intended to continue the paper on the same topic from the previous issue.

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Leathers, Sonya J., Lydia Falconnier, and Jill E. Spielfogel. "Predicting family reunification, adoption, and subsidized guardianship among adolescents in foster care." American Journal of Orthopsychiatry 80, no. 3 (2010): 422–31. http://dx.doi.org/10.1111/j.1939-0025.2010.01045.x.

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Ali, Syed Mumtaz. "Establishing guardianship: the Islamic alternative to family adoption in the Canadian context." Institute of Muslim Minority Affairs. Journal 14, no. 1-2 (January 1993): 202–18. http://dx.doi.org/10.1080/13602009308716292.

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14

Rolock, Nancy. "Post-Permanency Continuity: What Happens After Adoption and Guardianship From Foster Care?" Journal of Public Child Welfare 9, no. 2 (March 15, 2015): 153–73. http://dx.doi.org/10.1080/15548732.2015.1021986.

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Rosenthal, James A., and Rebecca L. Hegar. "Kinship Guardianship, Adoption, and Foster Care: Outcomes from a U.S. National Sample." Journal of Public Child Welfare 10, no. 3 (April 19, 2016): 237–54. http://dx.doi.org/10.1080/15548732.2016.1176610.

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Rolock, Nancy, Alfred G. Pérez, Kevin R. White, and Rowena Fong. "From Foster Care to Adoption and Guardianship: A Twenty-First Century Challenge." Child and Adolescent Social Work Journal 35, no. 1 (April 20, 2017): 11–20. http://dx.doi.org/10.1007/s10560-017-0499-z.

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Testa, Mark F., Susan M. Snyder, Qi Wu, Nancy Rolock, and Minli Liao. "Adoption and guardianship: A moderated mediation analysis of predictors of post-permanency continuity." American Journal of Orthopsychiatry 85, no. 2 (2015): 107–18. http://dx.doi.org/10.1037/ort0000019.

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Rolock, Nancy, and Kevin R. White. "Continuity for children after guardianship versus adoption with kin: Approximating the right counterfactual." Child Abuse & Neglect 72 (October 2017): 32–44. http://dx.doi.org/10.1016/j.chiabu.2017.07.001.

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19

Петурова, Наталья, and Natal'ya Peturova. "REFORM OF LEGISLATIVE REGULATION OF PROTECTION OF THE ADULT PERSONS’ RIGHTS IN SWITZERLAND." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 61–68. http://dx.doi.org/10.12737/article_593fc343b66593.51952039.

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The article shows the evolution of the Swiss civil legislation in the sphere of guardianship over an adults in Switzerland, presents the principles which are the basis of the system of measures for protection of these persons at present, analyzes the approaches to the reform 2012 of the Swiss Civil Code, embodied the concept of the protection of the fundamental rights and freedoms. The author paid attention on a specific reform measures of protection and the procedure of their adoption. Also the attention paid to new concepts, laid the basis for the reform, such as respect for human dignity, promoting self-determination of individuals, strengthening the solidarity of the family, reducing the degree of state intervention in private life of a person, differentiational approach to the application of safeguards, the non-evaluative terminology, and disclosure of information on application of protection measures. The article discusses the current legislative regulation of Switzerland (order in case of loss of ability to reason intelligently, accommodation in an institution for assistance, the representation of the spouse or registered partner and the four kinds of guardianship: guardianship by the guardianship cooperation, guardianship representation and custody of the common actions). The theme of the article is relevant considering the need for the further revision of the Russian legislation in the part of protection and promotion of the interests of persons with mental disabilities. Foreign experience is extremely useful, as important changes of the Civil code of the Russian Federation (2012) and the Civil Procedural Code of the Russian Federation (2013), prepared under pressure of the European Court of Human Rights and the Constitutional Court of the Russian Federation, are not sufficient and the reform in Russia should be continued.

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Bell, Tessa, and Elisa Romano. "Permanency and Safety Among Children in Foster Family and Kinship Care: A Scoping Review." Trauma, Violence, & Abuse 18, no. 3 (October 11, 2015): 268–86. http://dx.doi.org/10.1177/1524838015611673.

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Over the past 25 years, kinship care placements have risen dramatically, such that when a child enters into care, child welfare agencies must first attempt to identify safe living arrangements with relatives or individuals known to the child before searching for alternatives. Despite the growing emphasis on kinship care, little is known about its impact on child outcomes in comparison to other placement types (e.g., foster family). Therefore, the aim of this scoping review was to evaluate quantitative research on children in out-of-home care from 2007 to 2014 with regard to the following outcomes: (1) permanency (i.e., reunification, reentry, placement stability, and adoption/guardianship) and (2) safety (e.g., additional reports to child welfare). Based on these objectives, the review identified 54 studies that examined permanency and safety among children in two major placement types, namely foster family and kinship care. Across studies, children in kinship care experienced greater permanency in terms of a lower rate of reentry, greater placement stability, and more guardianship placements in comparison to children living with foster families. Children in kinship care, however, had lower rates of adoption and reunification. The findings also indicated that differences in these variables diminish over time. Findings for safety outcomes were mixed. Study methodological limitations and recommendations for future research are considered.

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Aldasheva, A. A., M. E. Zelenova, and O. N. Sivash. "Socio-Perceptual Features of the Image of a Foster Child in Foster Parents with Different Forms of Guardianship." Social Psychology and Society 12, no. 2 (2021): 110–28. http://dx.doi.org/10.17759/sps.2021120207.

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The objective. The purpose of the empirical study presented was the study of social perception and the identification of structurally-substantive features of the mental image of the adopted child in foster parents. Background. The transition to the ubiquitous family arrangement of orphans and the preparation of legislation providing for the adoption of foster parenting as a new profession of a pedagogical profile (“social educator”), as well as the introduction of mandatory psychological testing of foster parents, has revealed the special practical significance and relevance of scientific research related to selection and candidate training. Study design. The work examined the structure of socio-perceptual ideas about the adopted child from adoptive parents, depending on the form of adoption and the number of children adopted by the family for upbringing. The presence of structural relationships and statistical differences was determined using the methods of correlation and comparative analysis. Participants. Foster parents were examined exercising guardianship on the basis of an employment agreement (“social educator”), as well as foster parents who have family ties with adopted children and who exercise guardianship in the form of “blood guardianship” (“blood guardians”). Total 110 people. In the course of data processing and analysis, the entire sample was divided into the following groups: 1. a group of social educators who adopted 1—2 foster children into the family (N=48); 2. a group of social educators who have adopted 3 or more children into the family (N=30); 3. group of “blood guard¬ians” (N=32). Measurements. To identify the structure and content of the perceptual image of the adopted child, a verbal version of the SOCHI technique was used AND V.L. Sitnikova. Results. An analysis of the component profiles of the perceptual image of the “adopted child” in different categories of foster parents showed that they are identical in structure. In the hierarchy of the structure of the image, the leading components are the “Social”, “Activity” and “Behavioral” components. A meaningful analysis of the adoptive child’s perceptual image made it possible to identify structural and semantic units (image components) in the semantic space of adoptive parents that reflect the child’s value attitude to life in a foster family (component “Family Value”) and the presence of bad habits and addictions (component “Bad habits”). This determined the structural specificity of the perceptual image of the “adopted child” in social educators and blood guardians and its difference from the structure of the child’s image in ordinary parents. Intergroup comparative analysis showed that social educators who have adopted 3 or more children into a family more often single out characteristics of a child that are important for interaction in the “child-adult” system; they more often note the attitude of the adopted child towards life in the family, the attitude of the child towards the authority of an adult, as well as the presence of bad habits and addictions in the child. Conclusions. The results were obtained that showed structurally meaningful features of the perceptual image of the adopted child in foster parents with different numbers of children and different forms of guardianship — social educators and blood guardians.

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Covic, Ana, and Dragan Covic. "Choice of concept adoption in terms of protecting the right of the child to know its origin." Zbornik Matice srpske za drustvene nauke, no. 145 (2013): 635–52. http://dx.doi.org/10.2298/zmsdn1345635c.

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Protection of children without parental care and choosing the forms through which it is implemented makes a very delicate task. Professional bodies and persons in the area of the child care, in addition to expertise and professionalism, must have ability to adequately assess all the circumstances of each case and participants in it. Adoption is considered the best way to provide the child growing up in a family environment, because, as opposed to foster care and guardianship, it is characterized by durability. Adoption provides the child growing up in family and domestic environment. This right of the child is recognized in international law and comparative legislation and its implementation is not a matter of good will of the state and potential individuals (e.g., adoptive parents). However, the question is whether in the process of adoption and later in life, one of the fundamental rights of every man, the right of the child to know his or her origin, is violated. This is exactly the bone of contention between supporters of closed and open procedures. Comparative analysis of the solutions and decisions of the European Court of Human Rights in the area will try to answer to the question whether the prevailing concept of closed adoption provides complete protection of all rights of the child or the protection of certain rights is done at the expense of violation of others.

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Landsman, Miriam J., Kathy Thompson, and Gail Barber. "Using Mediation to Achieve Permanency for Children and Families." Families in Society: The Journal of Contemporary Social Services 84, no. 2 (April 2003): 229–39. http://dx.doi.org/10.1606/1044-3894.100.

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The Iowa Mediation for Permanency Project (IMPP), a nonadversarial mediation-based approach founded on the principles of attachment and empowerment, is a promising way to achieve permanency for children, a national priority in child welfare established by The Adoption and Safe Families Act of 1997. The IMPP broadens the concept of permanency to include reunification and guardianship. The authors discuss its implementation, including qualifications and requirements of mediators, examine an independent evaluation of the results, and present two case histories.

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Dubowski, Rafał. "Ocena skutków prawnych regulacji zawartej w przedstawionym przez Prezydenta Rzeczypospolitej Polskiej projekcie ustawy o zmianie Konstytucji Rzeczypospolitej Polskiej (druk nr 456)." Przegląd Sejmowy 1(162) (2021): 161–67. http://dx.doi.org/10.31268/ps.2021.09.

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The study focuses on the issue of legal effects of regulations. It indicates the legal context of the proposed solutions and signals possible legal problems related to the introduction of the proposed regulations into the legal system. The study points out, inter alia, that the current Article 114 § 1 of the Act of 25 February 1964 — Family and Guardianship Code — assuming one of the possible interpretations of the notion of a ‘child’ — may be inconsistent with the proposed Article 72(2a) of the Fundamental Law to the extent to which it excludes the admissibility of adoption of a woman who at the time of ling an application for adoption was under 18 years of age, but became of age through marriage.

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Nurdiana, Hera. "PENGANGKATAN ANAK DALAM PRESPEKTIF HUKUM ISLAM." Negara dan Keadilan 10, no. 2 (September 11, 2021): 174. http://dx.doi.org/10.33474/hukum.v10i2.13181.

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Konsep pengangkatan anak dalam hukum Islam tidak mengenal pengangkatan anak dalam arti menjadi anak kandung secara mutlak, sedang yang ada hanya diperbolehkan atau suruhan untuk memelihara dengan tujuan memperlakukan anak dalam segi kecintaan pemberian “nafkah“, pendidikan atau pelayanan dalam segala kebutuhan yang bukan memperlakukan sebagai anak kandung (nasab).Kata kunci: anak, pengangkatan, hukum Islam The concept of adoption in Islamic law does not recognize the adoption of a child in the sense of being an absolute biological child, and that there is only permissible or guardianship for the purpose of treating the child in terms of the love of the provision of "income", education or service in any need not treated as a child bladder (nasab).Keywords: child, rapture, Islamic law

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Rolock, Nancy, and Kevin R. White. "Post-permanency discontinuity: A longitudinal examination of outcomes for foster youth after adoption or guardianship." Children and Youth Services Review 70 (November 2016): 419–27. http://dx.doi.org/10.1016/j.childyouth.2016.10.025.

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Wood, Jennifer D., and Elizabeth R. Groff. "Reimagining Guardians and Guardianship With the Advent of Body Worn Cameras." Criminal Justice Review 44, no. 1 (December 3, 2018): 60–75. http://dx.doi.org/10.1177/0734016818814895.

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The implementation of body worn cameras (BWCs) is occurring at a rapid rate and with relatively little information about their potential impacts on both the police and the citizens they serve. The core assumption underlying this widespread adoption is that BWCs will increase self-awareness among police officers as well as citizens, which will in turn reduce negative outcomes and improve police–citizen relations. At the same time, there is a broader movement to emphasize the function of police officers as guardians rather than warriors. This research draws from a mixed method evaluation of a pilot implementation of BWCs in Philadelphia, PA. We draw from focus groups and pre–post survey results to make the case for a wider conceptual frame in understanding the potential for BWCs to transform policing. Specifically, we argue that cameras can provide a tool for police officers to use in emphasizing their role as guardians. We provide evidence from the evaluation to support this view.

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Font, Sarah A., Lawrence M. Berger, Maria Cancian, and Jennifer L. Noyes. "Permanency and the Educational and Economic Attainment of Former Foster Children in Early Adulthood." American Sociological Review 83, no. 4 (July 3, 2018): 716–43. http://dx.doi.org/10.1177/0003122418781791.

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Foster children are at disproportionate risk of adverse outcomes throughout the life course. Public policy prioritizes permanency (exiting foster care through reunification with birth parents, adoption, or legal guardianship) to promote foster youths’ healthy development and well-being, but little empirical evidence indicates that permanency, including its most preferred form—reunification—promotes positive outcomes. Using multi-system, statewide longitudinal administrative data, we employed logistic and mixed-effects regression to examine educational attainment and earnings among former foster youth in early adulthood. We found that youth who aged out of care had significantly higher odds of graduating high school and enrolling in college than did reunified youth and youth who exited to guardianship, and they had similar odds as adopted youth. Earnings were similar across groups. Among aged-out (but not reunified) youth, odds of high school graduation and average earnings were higher for youth who spent more time in foster care prior to age 18. Overall, results suggest that permanency alone is insufficient to promote foster youths’ educational and economic attainment.

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Akin, Becci A., Jody Brook, and Margaret H. Lloyd. "Examining the role of methamphetamine in permanency: A competing risks analysis of reunification, guardianship, and adoption." American Journal of Orthopsychiatry 85, no. 2 (2015): 119–30. http://dx.doi.org/10.1037/ort0000052.

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Akin, Becci A. "Predictors of foster care exits to permanency: A competing risks analysis of reunification, guardianship, and adoption." Children and Youth Services Review 33, no. 6 (June 2011): 999–1011. http://dx.doi.org/10.1016/j.childyouth.2011.01.008.

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Liao, Minli. "Factors affecting post-permanency adjustment for children in adoption or guardianship placements: An ecological systems analysis." Children and Youth Services Review 66 (July 2016): 131–43. http://dx.doi.org/10.1016/j.childyouth.2016.05.009.

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Ejiogu, Kingsley U. "Community Policing and the Engagement of Pastoral Terrorism in West Africa." SAGE Open 9, no. 4 (July 2019): 215824401989370. http://dx.doi.org/10.1177/2158244019893706.

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Within a changing global consciousness for international guardianship of the targets of terrorism, this article explores the broad narratives, strengths, and limitations of adopting community policing for the control of herdsmen terrorism in West Africa. It follows the search by social engineering and criminal justice practitioners for a relational and experiential agent for social change against destructive terrorist tendencies and its eroding influence on the sensibilities of human civilization. The article frames an approach for creating a social policing environment in rural and poor communities along pastoral transhumance routes in West and Central Africa. The mass murder of indigenous communities by the migratory and transborder terror groups in this region is a crime against humanity. The adoption of the concept of “connected communities” is suggested to create a multilayered and all-involving intelligence community policing shield in individual communities under siege of the pastoralists.

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Nuraini, Nuraini. "VERIFIKASI QURâ€™ANI TENTANG STATUS ANAK ANGKAT." Jurnal Ilmiah Al-Mu'ashirah 14, no. 2 (April 24, 2018): 142. http://dx.doi.org/10.22373/jim.v14i2.3040.

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The phenomenon of adoption or adoption in society has become commonplace. This is in addition to the religiously justified, the state of Indonesia also protect it. The adoption of children is not forbidden in Islam and even includes noble deeds if based on sincerity and rules in accordance with the teachings of Islam, but in practice there are many treatments that are contrary to the teachings of Islam. Not a few of the people who treat adopted children exactly the same as their children so that in terms of mahram, guardianship and inheritance get the right as a natural child. From the results of verification of verses of the Qur'an about adopted children it is known that the adopted child if there is no relationship mahram then the status is the same as others. In other words, the law that applies to others then so does the adopted child. Therefore, matters relating to the mahram must be preserved, trust is not applicable and inheritance is not obtained except on the permissible limits on behalf of the gift.

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Dadashev, M. O. "The Institute of Guardianship in Muslim Family Law in the Early Middle Ages." Actual Problems of Russian Law, no. 7 (July 1, 2018): 29–36. http://dx.doi.org/10.17803/1994-1471.2018.92.7.029-036.

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The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

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Akulova, M. V. "The socio-psychological challenges of the integration of families affected by HIV infection into sociaty." Консультативная психология и психотерапия 23, no. 4 (2015): 69–82. http://dx.doi.org/10.17759/cpp.2015230405.

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The publication highlights the issues of social and psychological problems of families affected by the HIV epidemic, particularly the barriers caused by the attitude of society towards HIV-infected people, preventing the integration into the educational environment and receiving full medical care. Also it draws attention to the fact that the attitude of society and legal framework on issues of registration of adoption and guardianship of people with the diagnosis are outdated and do not consider the modern specifics of the course and the development of HIV infection, social portrait, high parental potential of women, accepted their diagnosis and effectively carrying out their maternal role.

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Glos, George E. "The Belgian Law of Affiliation." International Journal of Legal Information 16, no. 1 (1988): 1–15. http://dx.doi.org/10.1017/s0731126500021508.

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Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifications were made in the Judiciary Code, the Criminal Code, and in some other existing legislative texts. The new legislation also has extensive transitory provisions. In addition, the pertinent modifications affecting adoption were made in the Law of April 27, 1987, Modifying Several Legal Provisions Concerning Adoption, and a new law, the Law of May 20, 1987, Concerning the Abandonment of Minor Children, further improved the standing of children.

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Muljohadi, R. Arif. "Kedudukan Anak Angkat Terhadap Bagian Waris Menurut Ketentuan Hukum Di Indonesia." Syaikhuna: Jurnal Pendidikan dan Pranata Islam 10, no. 2 (October 29, 2019): 225–46. http://dx.doi.org/10.36835/syaikhuna.v10i2.3724.

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One of the main goals of marriage is to connect offspring. But not all married couples can have children. The absence of children can be one of the triggers of disharmony in household relations. So as to maintain its integrity, husband and wife adopt children. In adoption, children will certainly have legal consequences. Moreover in Indonesian law, adoption is carried out according to Islamic law, Common law (the customary law referred to is Central Javanese Common law), and Civil law. Where the three legal systems will of course cause different legal consequences. The legal consequences are related to the position of adopted children which includes family relationships, guardianship relationships, inheritance relationships, and other relationships. Regarding inheritance relations, in Indonesia there is still pluralism including Islamic inheritance law, Customary inheritance law and inheritance law in the Civil Code. So with the variety of applicable inheritance law, also contributed to differences in the inheritance portion obtained by adopted children.

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White, Kevin R. "Placement Discontinuity for Older Children and Adolescents Who Exit Foster Care Through Adoption Or Guardianship: A Systematic Review." Child and Adolescent Social Work Journal 33, no. 4 (October 9, 2015): 377–94. http://dx.doi.org/10.1007/s10560-015-0425-1.

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Smith, Susan, and Debbie Sturmfels. "One Door: A unified approach for caregivers." Children Australia 35, no. 2 (2010): 43–47. http://dx.doi.org/10.1017/s1035077200001061.

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New Zealand currently operates separate doors and different entry pathways for people wishing to adopt, foster or offer permanent care for a child. This presentation outlines the work now underway to develop a unified application, preparation, assessment, training and support system for applicants wishing to care for a child, whether by adoption, guardianship or as a transitional (foster) caregiver. Placing the child at the centre, One Door uses a framework comprised of six core attributes for parenting a child not born to you; safety; attachment; resilience; identity; integrity; and support. A challenge for the One Door design team will be the application of the model to the family/whänau caregiver whose entry into the care system is, in the main, through necessity not desire.

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Chernykh, A. V. "About the initiating the provision of legal assistance by a russian lawyer in the process of international adoption." Courier of Kutafin Moscow State Law University (MSAL)), no. 11 (January 14, 2021): 234–38. http://dx.doi.org/10.17803/2311-5998.2020.75.11.234-238.

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This article raises the question of the initiative to appeal to a lawyer in the process of international adoption of Russian children in order to monitor compliance with their interests and protect their rights. The author substantiates the need to allow minors over the age of fourteen to conclude independently an agreement on the provision of legal assistance with a lawyer on his own behalf without the consent of the legal representative in order to accompany the latter the process of international adoption of such a minor. In case of minors under the age of fourteen, the author proposes to impose the obligation of conclusion an agreement with a lawyer on the legal representative of the minor. The main arguments, given by the author in defense of his position, are: the ability of a lawyer to be a guarantor of protection the interests of the adopted child, the legality of actions in relation to the child and potential adoptive parents; gratuitousness of the provision of legal assistance by a lawyer in this category of cases by virtue of the law. The author also discusses the feasibility of lowering the age, which takes into account the child’s opinion, regarding his right to live and be raised in a family, and legal education measures for orphans and children left without parental care in order to exclude the possibility of abuse by legal representatives, in particular, by the guardianship authorities, their rights and (or) powers.

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Pérez, Alfred G. "Classifying Relational Permanence among Young Adults who Exited Foster Care through Legal Permanence as Adolescents." Families in Society: The Journal of Contemporary Social Services 98, no. 3 (July 2017): 179–89. http://dx.doi.org/10.1606/1044-3894.2017.98.31.

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The achievement of legal permanence is not only a primary goal of U.S. child welfare policy but is also presumed to translate into relational permanence. This study examines whether state-sanctioned permanence translates into relational permanence among foster care alumni. In-depth interviews were conducted with a sample of 31 young adults who exited care as adolescents through adoption, guardianship, or relative placement to gain insights into how they make meaning of their relationships with caretakers over time. Constructivist grounded theory was used to develop a conceptual classification scheme of relational permanence that resulted in four types of young adult–caretaker relationships: enduring, ambivalent, spurned, and severed. Findings underscore the unintended consequences of solely focusing on legal permanence as an outcome, and implications for promoting relational permanence before and after foster care are discussed.

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Lloyd, Margaret H., Becci A. Akin, and Jody Brook. "Parental drug use and permanency for young children in foster care: A competing risks analysis of reunification, guardianship, and adoption." Children and Youth Services Review 77 (June 2017): 177–87. http://dx.doi.org/10.1016/j.childyouth.2017.04.016.

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Leliūgienė, Irena, Inga Stūglytė – Novickienė, and Angelė Kaušylienė. "PROSPECTIVE FOSTER PARENTS‘ ATTITUDE TOWARDS THE PROVIDED SOCIAL WORKER‘S ASSISTANCE: A CASE OF AN X LITHUANIAN TOWN." SOCIAL WELFARE: INTERDISCIPLINARY APPROACH 2, no. 7 (June 6, 2018): 20. http://dx.doi.org/10.21277/sw.v2i7.298.

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The article introduces the significance of social worker's assistance to prospective foster parents: a case of an X Lithuanian town. The best place for the child development and improvement is the family. For some reasons not all the children are raised in families. Some children have no possibility to live with their biological families, therefore according to the established legislation, they live in foster homes under the supervision of foster parents or are adopted. Children adoption in our country is regulated by different acts of legislation. The activity of the ombudsperson for children’s rights is governed by the Law on the Ombudsman for Children Rights Protection of the Republic of Lithuania (2000), Civil Code of the Republic of Lithuania, Regulations of organization and management of children guardianship (2002), etc. Research aim is to analyze the social service worker's assistance to the prospective foster parents. The following objectives to reach our goal are presented: to analyze theoretical conception of adoption procedure and enforcement; to discuss the system of the social service workers’ assistance to prospective foster parents; to investigate foster parents' approach towards the social service worker's assistance and to reveal the main problems. Research methods: analysis of the scientific literature – scientific analysis of adoption issues. The stages of adoption procedures and the requirements overviewed and analysed are provided; document analysis: documents, acts of legislation, laws and regulations of child adoption regulations are analysed and overviewed; a qualitative study: semi-structured interview, analyzing the foster parents' approach towards the social service workers' assistance; problems and probable solutions are identified. The research results are obtained by content analysis. The article presents the following generalizations: 1) adoption is considered as a social process when specific rights and responsibilities are provided to foster parents in order to guarantee the child's safety. In case of inter-country adoption, the adoption opportunities are estimated, the child is prepared for the adoption and the family for the child is selected. At that period foster parents face internal and external factors. Seeking to grant the children rights and smooth adoption process, professional social workers should coordinate it; 2) institution of the Ombudsman for Children Rights of the Republic of Lithuania and State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour are also engaged in the adoption and foster care; 3) the research results reveal that the biggest problems for prospective foster parents are extensively long adoption period, lack of social service workers' assistance and poor knowledge on the available assistance.

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Rolock, Nancy, and Alfred G. Pérez. "Three sides to a foster care story: An examination of the lived experiences of young adults, their foster care case record, and the space in between." Qualitative Social Work 17, no. 2 (September 15, 2016): 195–215. http://dx.doi.org/10.1177/1473325016666410.

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Between 2000 and 2013, the U.S. foster care caseload decreased while the number of children in adoptive homes doubled. These shifts were a result of federal policies prioritizing the moving of children from state custody into legal permanence (e.g., adoption and guardianship) with the presumption they will live “happily ever after.” This study used a mixed-methods multiphase, iterative process to illuminate the congruencies and incongruencies between the young adults' accounts of their foster care experiences and the legalistic, system-focused view of their experiences. This study highlights the limitations of administrative data as the primary source for evaluating systems, assessing child well-being, and for understanding child welfare outcomes. An important consideration for assessing the success of the child welfare system in finding safe, stable, permanent placements for children involved with the child welfare system is including the perceptions of the young adults with foster care histories. There are often three sides to a foster care story: the lived experiences of the participant, the official case record, and the space in between. This study begins to illuminate this space, through an understanding of the quality and enduring nature of these relationships as reported by young adults who lives were impacted by their foster care histories. Child welfare records indicate a legal permanency status, but the interviews address the enduring nature and quality of the relationships.

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Ainsworth, Frank, and Patricia Hansen. "Coaching Parents About Children's Needs and Navigating the Child Protection and Other Systems." Children Australia 43, no. 3 (June 25, 2018): 181–85. http://dx.doi.org/10.1017/cha.2018.27.

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This article reviews developments in the NSW child protection system which aim to reduce the number of children in state care. The first development was changes to the Children and Young Persons (Care and Protection) Act 1988 made in 2016 that created a permanency hierarchy for children who have been removed and not restored to parental or extended family care. Under Section 10A of the Act, guardianship and adoption becomes the priority if restoration is not possible, although Aboriginal children are exempt from adoption to some extent. The more recent development, during 2017, is the purchase by the Department of Family and Community Services (FaCS) of a license for two US models, namely Multi-Systemic Therapy for Child Abuse and Neglect (MST-CAN®) and Functional Family Therapy through Child Welfare (FFT-CW®). US studies have shown that these models reduce the number of children being taken into care. Related to this effort is the recognition by FaCS that the cost of out-of-home care (OOHC) is increasingly unmanageable given the 16,843 children in care in NSW. Added to this is the knowledge, confirmed by the Minister, that for many children in OOHC the outcomes are dismal. Finally, the article turns to the issue of poverty and seeks to address the established correlation (not causality) between poverty and child abuse and neglect. This remains the key issue that underscores child abuse and neglect that has to be addressed if a significant reduction in the number of children taken into state care is to be achieved.

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Surette, Ray. "The thinking eye." Policing: An International Journal of Police Strategies & Management 28, no. 1 (March 1, 2005): 152–73. http://dx.doi.org/10.1108/13639510510581039.

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PurposeTo discuss and review the shift to computer enhanced self‐monitoring CCTV surveillance systems of public spaces and the social implications of this shift.Design/methodology/approachA review of the research and evaluation literature concerning CCTV surveillance systems culling out the history of public space CCTV systems and the concerns associated with first and second generation CCTV surveillance.FindingsThe main difference between first and second generation surveillance is the change from a “dumb camera” that needs a human eye to evaluate its images to a computer‐linked camera system that evaluates its own video images. Second generation systems reduce the human factor in surveillance and address some of the basic concerns associated with first generation surveillance systems such as data swamping, boredom, voyeurism, and profiling. Their enhanced capabilities, though, raise new concerns, particularly the expansion of surveillance and its intrusiveness.Research limitations/implicationsAdditional research is needed to assess CCTV surveillance on a set of social dynamics such as informal guardianship activities by citizens.Practical implicationsThe adoption of computer‐enhanced CCTV surveillance systems should not be an automatic response to a public space security problem and their deployment should not be decided simply on the technology's availability or cost.Originality/valueThis paper provides a concise overview of the concerns associated with first generation CCTV surveillance and how the evolution of computer‐enhanced CCTV surveillance systems will alter and add to these concerns. For researchers it details research questions that need to be addressed. For practitioners and government officials considering the use of public space CCTV surveillance it provides a set of issues that should be considered prior to system adoption or deployment.

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Baier, Elena, and Nikolai Kurianov. "Department of social pedagogy: an effective model of successful practice in the field of child support." E3S Web of Conferences 210 (2020): 18103. http://dx.doi.org/10.1051/e3sconf/202021018103.

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Social pedagogy in the context of the practice-oriented approach has not yet received its full validation in the system of professional training of teachers in the field of protecting children’s rights. Why did it become necessary to develop a system of continuing education for teachers in children welfare? As practice shows, there has been an urgent need for teachers with knowledge and experience in the field of protecting the rights of children in the education system in the last decade, such as: a guardianship and custodianship specialist in the municipal education system; a secretary of the commission for minors’ affairs and the protection of their rights in the administration of municipalities, a social teacher for working with the family in a comprehensive school, an educator for orphans (an orphanage, a boarding school, a centre for helping children, a special school and others), an adoption specialist or a foster parent support specialist, a teacher for working with deviant and delinquent children by means of physical culture and sports in the system of secondary vocational education and others. It is vitally important nowadays to train a specialist who is able to think globally and act locally, that is, who is able to solve state problems at the local level and has the required professional competencies.

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Engelcke, Dörthe. "ESTABLISHING FILIATION (NASAB) AND THE PLACEMENT OF DESTITUTE CHILDREN INTO NEW FAMILIES: WHAT ROLE DOES THE STATE PLAY?" Journal of Law and Religion 34, no. 3 (December 2019): 408–32. http://dx.doi.org/10.1017/jlr.2019.45.

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AbstractThe article comparatively maps state involvement in the establishment of filiation and the placement of destitute children into new families. It first reports findings from an expert survey that investigates four key areas of state involvement—the legal framework, the role of courts and ministries, guardianship regulations, and financial support and services for destitute children—across fourteen jurisdictions, twelve Muslim-majority countries, and two Muslim-minority countries. Overall, the placement of children into new families remains a sensitive issue because it is linked to different communities “claiming” the child. In principle, the states surveyed do not allow the creation of new families across religious lines. Using Jordan as a case study, the article then focuses on the implications of one particular survey finding: non-Muslims in Muslim-majority countries sometimes cannot have children placed into their homes. This finding is based on qualitative data collected in Jordan on adoption (tabannī) in the Greek Catholic community. The article argues that in settings of legal pluralism, state involvement affects different religious communities in different ways. In Jordan, due to structural factors, the state shapes Islamic family law differently than the family laws applied by Christian communities. This leads to the unequal development of different bodies of religious law and thereby to the unequal treatment of Muslim and Christian citizens.

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Tarusina, N. N. "Family as a General Legal Structure." Lex Russica, no. 4 (April 14, 2020): 21–33. http://dx.doi.org/10.17803/1729-5920.2020.161.4.021-033.

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The paper is devoted to facilitation of essential features of the family, which could be the basis for its legal definition in the Family Code of the Russian Federation as a a general legal type concept. The author has analyzed different civilistic doctrinal approachers to such a possibility (impossibility), highlighted different variations of family unions, demonstrated problematic aspects of their legal existence or pretences for existence on the basis of parenthood when paternity is established in court proceedings, minor parenthood, surrogate motherhood, etc., as well as on the basis of a far from impeccable ground of gender diversity. The author notes the contradictory positions of the Russian law-maker regarding this matter: relying on traditional values, the latter, of course, does not tend to legalize unions between people with unconventional sexual orientation, but in some cases it seems to condone the opposite without establishing the legal effects of the acts and statements. In conclusion, on the basis of the assumptions developed under the family doctrine, the author proposes a composition of essential and legally significant features of the family, which will allow to design its general definition. As an assumption, the author suggests that one can be guided by the following draft definition: the family is an association of citizens who have a legal relationship regulated under family law (on the basis of marriage, parenthood and childhood, kinship, affinity, custody and/or guardianship, foster parenthood, adoption, dependance, etc.), live together and lead common household, have rights and obligations corresponding to thier family status; family membership is retained in case of temporary separation for good reasons.

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Mechouet, Halima, and Asma Akli Soualhi. "إشكالية انتهاء كفالة الطفل في قانون الأسرة والقضاء الجزائري." Malaysian Journal of Syariah and Law 9, no. 1 (June 9, 2021): 153–67. http://dx.doi.org/10.33102/mjsl.vol9no1.301.

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Abstract in English: In the article 46, the Algerian Family Code stipulates the following: "Adoption is prohibited by both the Sharia and Law". Therefore, it is clearly understood that the interdiction of adoption doesn’t contradict the Islamic law (Sharia). But due - on one hand - to the confusion in Algerian society with regard to the conception of adoption with all its consequences, and on the other hand the difficult situation of many abandoned children and the suffering of many families who are not blessed with the fertility or the capacity of reproduction, the Algerian legislature has been forced to find solutions to such difficult cases. Therefore, a child support legislation (guardianship or sponsorship) has been established under the following Articles 116 and 125 of the Family Code. The study was based on the Algerian laws on the issue of the termination of child sponsorship and applied by the Algerian judiciary. The problem of the study is to know the cases of termination of child sponsorship in the Algerian family law, and the position of the Algerian judiciary on this issue. This study aims to mention the cases in which the sponsorship of the child ends in the Algerian family law, and to discuss some of the Algerian judicial decisions issued by the Supreme Court, related to the subject of the study in question. The study relied on the analytical method, in order to analyze legal texts and discuss judicial decisions. The study concluded that the Algerian family law stipulated some cases in which the sponsorship of the child ends, and neglected to mention other cases. Abstract in Arabic: لقد نص المشرع الجزائري في المادة 46 من قانون الأسرة على ما يلي: "يمنع التبني شرعا وقانونا".يتضح من تحليل هذه المادة أن المشرع منع الآخذ بنظام التبني تماشياً مع أحكام الشريعة الإسلامية. لكنه، ونظرا للمشاكل المترتبة على قضية التبني في المجتمع الجزائري من أخذ وردو كذلك بالنسبة للوضعية الصعبة لبعض الأطفال المهملين، وكذا معاناة بعض الأسر التي لا تنعم بالإنجاب، التجأ المشرع الجزائري إلى حل يتجلى في الكفالة، فنظم أحكامها في المواد من 116 إلى 125 من قانون الأسرة. استندت الدراسة إلى القوانين الجزائرية الخاصة بموضوع انتهاء كفالة الطفل والمطبقة من طرف القضاء الجزائري. تتمثل إشكالية الدراسة في معرفة حالات انتهاء كفالة الطفل في قانون الأسرة الجزائري، وموقف القضاء الجزائري من هذه المسألة. تهدف هذه الدراسة إلى ذكر الحالات التي تنتهي بها كفالة الطفل في قانون الأسرة الجزائري،ومناقشة بعض القرارات القضائية الجزائرية الصادرة عن المحكمة العليا،والمتعلقة بموضوع الدراسة محل البحث. لقد اعتمدت الدراسة على المنهج التحليلي، وذلك من أجل تحليل النصوص القانونية ومناقشة القرارات القضائية. لقد توصلت الدراسة إلى أن قانون الأسرة الجزائري نص على بعض الحالات التي تنتهي بها كفالة الطفل،وأغفل عن ذكر الحالات الأخرى

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Journal articles on the topic 'Adoption and guardianship'

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