Principles of foster care as the basics for the functioning of its system. Catalog, characteristics and meaning

2020 ◽  
Vol 591 (6) ◽  
pp. 12-24
Author(s):  
Beata Krajewska
Keyword(s):  
Foster Care ◽  
Institutional Care ◽  
Court Decision ◽  
Place Of Residence ◽  
The Family ◽  
Welfare Of The Child ◽  
The Subject ◽  
The Right ◽  
A Minor

The subject of investigation in this study has been made the principles of foster care with the necessary and concise presentation of the assumptions and solutions of foster care as such. The principles of foster care have been collected and described, which constitute a kind of catalog necessary to include in practice foster care to the fullest extent possible. These are the following principles: the welfare of the child and the family covered by foster care, subsidiarity of foster care, temporary foster care, priority of foster care over institutional care, the use of foster care on the basis of a court decision, hearing a child placed in foster care, placing a child in foster care as close as possible to his current place of residence, the right of a child in foster care to contacts with parents and other relatives, not separating siblings in foster care, not separating a minor mother in foster care and her child.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

A FEW WORDS ABOUT FAMILY PENSION, FAMILY EMOLUMENT AND PROPORTIONALITY OF THE BENEFIT

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 699-706
Author(s):  
Alina Wypych-Żywicka
Keyword(s):  
Higher Education ◽  
Master's Degree ◽  
Doctoral Studies ◽  
The Family ◽  
The Subject ◽  
Master’S Degree ◽  
The Right

Family pension entitlement applies to children up to the age of 25. If the subject has reached this age in the last year of studies in a higher school, family pension entitlement extends until the end of studies. The problem is the interpretation of the phrase ‘in the last year of studies in a higher school’. It is unknown whether its meaning is limited only to the higher education (up to master’s degree) or whether it covers all forms of studies conducted by a higher school. Extending the meaning of this phrase shall cause the category of children entitled to the family pension to enlarge significantly, because entitled shall be those children who are students as well as those who take up postgraduate or doctoral studies. Such an interpretation seems to go too far. The conditions for acquiring the right to a family emolument after the deceased performing the profession of the judge also need to be specified.

scholarly journals Peran Bahagian Sokongan Keluarga Dalam Masalah Pemenuhan Nafkah Isteri Pasca Perceraian (Studi Kasus Di Mahkamah Tinggi Syariah Kedah, Malaysia)

2020 ◽  
Vol 20 (1) ◽  
pp. 57
Author(s):  
Agustin Hanafi ◽  
Mohamad Hedhayatullah Bin Mohamad
Keyword(s):  
Data Collection ◽  
Family Support ◽  
Research Study ◽  
Field Research ◽  
Fund Management ◽  
Library Research ◽  
The Family ◽  
The Subject ◽  
The Right

Nafkah merupakan salah satu daripada hak isteri yang perlu ditunaikan. Hukum ini telah termaktub di dalam Al-Quran dan sebagaimana yang diketahui oleh semua muslim, salah satu kewajiban seorang suami itu adalah menyediakan nafkah buat isterinya baik dalam  tempoh  perkawinan  maupun  pasca perceraian.  Namun,  mutakhir  ini,  banyak kasus yang melibatkan perilaku suami yang mengabaikan nafkah isteri pasca perceraian. Bahagian Sokongan Keluarga (BSK) merupakan pihak berwenang yang mampu mengatasi dengan sebaik mungkin segala permasalahan berkaitan dengan pemberian nafkah. BSK memberi peluang kepada mantan isteri untuk membuat tuntutan nafkah jika suami gagal atau enggan membayar nafkah sekaligus mengembalikan hak isteri. Pertanyaan yang diajukan dalam permasalahan ini adalah bagaimana peran BSK dalam menjamin terpenuhinya  nafkah isteri pasca perceraian dan bagaimana efektifitasnya (BSK) terhadap masalah penegakan nafkah isteri pasca perceraian. Penelitian ini bertujuan untuk mengetahui tentang peran (BSK) dalam masalah pemenuhan nafkah isteri pasca perceraian. Penelitian dalam skripsi ini adalah yuridis empiris yaitu kajian lapangan (field research) dan yuridis normatif yaitu kajian kepustakaan (library research). Adapun Metode pengumpulan data yang digunakan penulis dalam skripsi ini adalah observasi, wawancara dan telaah dokumentasi. Hasil penelitian yang diperoleh, bahwa peran BSK dalam masalah pemenuhan nafkah isteri pasca perceraian berjalan secara efektif karena BSK memantau dan menangani masalah ketidakpatuhan mantan suami terhadap perintah nafkah Mahkamah Syariah melalui pembentukan Unit Khidmat Nasehat dan Perundangan, Unit Penguatkuasaan dan Pelaksanaan Perintah dan Unit Pengurusan Dana. Keberadaan BSK telah menjadi tempat rujukan dan   memberikan bantuan kepada mantan isteri. Berdasarkan hal tersebut, dapat difahami bahwa pokok permasalahan dalam penyelesaian masalah pengabaian nafkah apabila mantan suami memahami  hal  berkaitan  agama  Islam  serta  mengetahui  hak  dan  tanggung  jawab terhadap isteri pasca perceraian.Kata Kunci: Bahagian Sokongan Keluarga (BSK) dan Nafkah Isteri Pasca Penceraian Living in one of the rights of wives that need to be shown. This law has been contained in the Koran and as it is known by all Muslims, one of the obligations of a husband is to provide a living for his wife both in the period of marriage or post-divorce. However, these cutting-edge, many cases involve the behavior of husbands who neglect the living wives post-divorce. The Family Support Division (BSK) is the authority who can cope with the best possible problems relating to the provision of the living. BSK allows the former wife to make a living claim if the husband fails or refuses to pay the living while returning the right of the wife. The question posed in this issue was the role of BSK in guaranteeing the fulfillment of the postpartum wife and how effectiveness (BSK) has been to the problem of establishing a divorce post. The study aims to find out about the role (BSK) in the issue of fulfilling wives after divorce. The research in this thesis was empirical, i.e. field research and normative juridical (library research) study. The methods of data collection used by the authors in this thesis are observations, interviews and documentation study. The results of the research obtained, that the role of BSK in the problem of fulfillment of wives post-divorce runs effectively because BSK monitors and addresses the problem of non-compliance of ex-husband against the order of Sharia court The establishment of the Advisory and Legal Unit, enforcement Unit and the execution of the Order and fund Management unit. The existence of BSK has been a referral place and provides relief to the former wife. Based on this, it can be understood that the subject matter in solving the issue of living if the former husband understands the matter related to Islam and knows the rights and responsibilities of the post-divorce wife.

“The right of the state to interfere is unquestioned”

2017 ◽  
Author(s):  
Megan Birk
Keyword(s):  
Child Care ◽  
Foster Care ◽  
Institutional Care ◽  
The State ◽  
Dependent Child ◽  
Dependent Children ◽  
The Right

This chapter examines efforts to remedy the problems with farm placements. It looks at the state boards of charity, visiting agents, and courts as examples of methods used to improve placing out. As the state boards worked to legitimize their expertise and county officials tried to improve the care given to dependent children, work remained to standardize care and encourage placements. State boards recommended a second initiative in addition to better oversight of institutional care to secure more placement homes and supervision for children: hiring state visiting agents to supervise placed-out children. This chapter explores how the two-pronged issue of mistreatment of children in placement homes and the resulting efforts to increase supervision ultimately forced placers and visitors to make a number of proposals, including a return of direct aid and more involvement by the courts. It also considers the rise in paid foster care and how it affected all facets of dependent child care.

scholarly journals “Lar, doce lar”

2020 ◽  
Vol 22 (2) ◽  
pp. 95-116
Author(s):  
Maria Raquel Guimarães
Keyword(s):  
Constitutional Law ◽  
Contract Law ◽  
Place Of Residence ◽  
Freedom Of Contract ◽  
The Family ◽  
Family Home ◽  
The Right ◽  
Lease Contracts

The place of one’s residence and, in particular, the family home, is not legally irrelevant and there are several implications of adopting a certain place of residence. In the Portuguese Constitutional Law the right to housing is a fundamental right that conforms the rule make action when defining contract laws and the limits of freedom of contract. In this text we intend to focus on the main repercussions of the ties that link a family to its home on contract law, especially concerning sales and lease contracts.

scholarly journals Objective Truth as a Purpose of Judicial Evidence in Civil Proceedings

2020 ◽  
pp. 59-66
Author(s):  
Yurii RIABCHENKO
Keyword(s):  
Precise Determination ◽  
Court Decision ◽  
Reasonable Doubt ◽  
Current Case ◽  
Objective Truth ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Legislative Proposals ◽  
The Subject ◽  
The Right

The article is devoted to revealing the peculiarities of objective truth as the purpose of judicial proof, to determine perspective directions of further development of this concept in the doctrine of civil procedural law. It is determined that the current case law is characterized by an assessment of the evidence by the approach or standard of proof «beyond reasonable doubt», in which the circumstance is considered established, if another explanation of the collected evidence is extremely unlikely. It is pointed out that the typical constituents of the subject of proving in the narrow sense it is advisable to determine: 1) the circumstances of the justification of the requirements; 2) circumstances of substantiation of objections; 3) which must be reflected in the court decision. The composition of such circumstances may change during the hearing of the case, and therefore the precise determination of the subject of proof in a particular case is only possible as of the specific course of its consideration. It is asserted about the value by the legislator to outline the range of circumstances that are part of the subject of proof: confirm the stated requirements or objections (or have other significance for the case); combining this with another mandatory feature: to be established when making a court decision. After all, it does not make sense to prove circumstances that will not be reflected in the court decision in connection with the claims or objections. On the other hand, the court decision must reflect all the circumstances that are important for resolving the issue before the court (dispute over the right, procedural issue, etc.). It is stated that true knowledge as the purpose of judicial knowledge is characterized by a combination of the following features: 1) aimed at reflecting the real circumstances of the case; 2) achieved by applying the appropriate, that is provided for procedural law, methods; 3) properly, that is in the manner provided by the procedural law, justified. It is determined that the relation between objective truth and relative (judicial, formal, legal) truth is expressed in the following two theses: 1) the court’s obligation to strive to establish the true circumstances of the case (objective truth), but at the same time proceed from the existing procedural opportunities; 2) the time of existence of procedural formalism as an independent value goes back to the past, including at the level of legislative proposals. Keywords: objective truth, litigation, civil proceedings, court, competition.

Krąg rodziców i dzieci uprawnionych do posiadania karty dużej rodziny a konstytucyjna zasada równości wobec prawa

2015 ◽  
pp. 137-153
Author(s):  
Filip Dziedzic
Keyword(s):  
Large Family ◽  
Time Limit ◽  
The Other ◽  
Constitutional Principle ◽  
Legal Situation ◽  
The Family ◽  
The Subject ◽  
Large Families ◽  
The One ◽  
The Right

The subject of the article is the justification of the thesis that the differentiation of the legal situation of parents on the basis of the Act on the Large Family Card, who have established a family with at least three children violates the constitutional principle of equality before the law. On the one hand some parents are entitled to use the card without any time limit, and on the other hand there is a group of parents who also have large families, but are totally deprived of the right. According to the author of the article, the diversity does not represent any constitutionally protected value and the discrimination occurs due to the unlimited duration of the right to own the Card by eligible parents. The result of the above, as well as the fourth (another) child’s right to the Card depending on holding the Card by the parent, is discriminatory for the children born as the fourth (next) child in the family. The article is also an attempt to answer the question which way would be the best to remove the above-mentioned discrimination thus making it most coherent with the objective and content of the analyzed regulation.

The Status of Knighthood Appointments Made by Deposed Royal Families

2018 ◽  
Author(s):  
Shutaro Takeda
Keyword(s):  
20Th Century ◽  
Focal Points ◽  
Comprehensive Review ◽  
The Family ◽  
The Status ◽  
The Subject ◽  
New Interpretation ◽  
The Right

Legal debates on the deposed sovereigns’ rights have emerged since 20th century. Among them, the right to appoint knights by heads of deposed royal families is one of the focal points. The author begins with a comprehensive review of legal debates on the subject. Six principles on the appointment are extracted from the review. Then, a new interpretation is proposed, wherein the legitimacy to confer honours and the legitimacy of the orders of knighthood themselves have to be considered separately. Under this method of interpretation, the criterion to judge the legitimacy of an appointment of knight is both the jus honorum of the head of the family and the order of knighthood itself being legitimate.

scholarly journals Consent to Treatment for Transgender and Intersex Children

2004 ◽  
Vol 9 (2) ◽  
pp. 376-397 ◽  
Author(s):  
Kate Parlett ◽  
Kylie-Maree Weston-Scheuber
Keyword(s):  
Hormonal Treatment ◽  
Family Court ◽  
High Court ◽  
Gender Reassignment ◽  
The Family ◽  
Consent To Treatment ◽  
Congenital Condition ◽  
The Subject ◽  
Consent To Medical Treatment ◽  
A Minor

More than a decade has passed since the landmark High Court decision in Marion’s Case,1 where the Court authorised the sterilisation of a young woman who suffered from a disability. Recently, the principles established in that case were applied by the Family Court in a different context – for the provision of hormonal treatment for a 13 year old child,2 some aspects of which are irreversible. Previously, the Family Court had authorised gender reassignment surgery for a child suffering from a physical, congenital condition,3 but notably in Re Alex, the subject child suffered no identified physical condition indicating treatment, but from an identified psychological condition, gender identity dysphoria. This article considers the issues raised by recent applications of the principles relating to the capacity of children to consent to medical treatment, including the decision in Re Alex and the application of those principles to transgender and intersex children. While not all children or adults who identify as transgender or intersex choose the long and difficult path of gender reassignment, some will choose surgical gender reassignment or hormonal treatment at some stage of their lives. In cases where it is proposed that a minor undergo such treatment, the application of the principles of child consent poses particular difficulties.

scholarly journals Family and household songs in the Dargin folklore

Litera ◽  
2021 ◽  
pp. 99-106
Author(s):  
Fatyma Khamzaevna Mukhamedova ◽  
Fatima Abdulovna Alieva
Keyword(s):  
Emotional State ◽  
Patriarchal Family ◽  
The Family ◽  
Family And Household ◽  
Poetic Text ◽  
Customary Laws ◽  
Song Lyrics ◽  
The Subject ◽  
The Right ◽  
Literary Techniques

The subject of this research is the family and household songs as one of the genre varieties of non-ritual lyrics in the Dargin folklore. They are thematically related with family life, household, customs and traditions of the Dargins. Their content reflects the typical aspects of patriarchal family of the prerevolutionary Dagestan, when due to the rigid local customary laws, women were deprived of the right to decide their fate; therefore, multiple songs resemble sadness, sorrow, suffering, and distress of the heroes. This article explores the thematic diversity of family and household songs in the Dargin folklore, their poetics and nature of visual-expressive means; as well as reveals their ideological-aesthetic, artistic, stylistic and compositional functions in poetry. The novelty of this research lies in introduction of Dargin family and household songs into the scientific discourse, as well as description of the uniqueness and poetic means and techniques used therein. Analysis of the songs demonstrated that the poetic system of song lyrics as a whole, and family-household in particular, are characterized by the use of such literary techniques as metaphor, epithet, symbols, contrasts, iteration, etc., which play a significant role in the poetic text, reflecting the emotional state and the depth of feelings of the lyrical heroes.

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