Social Workers Granted Authority to Separate Children from Abusive Parents

Following the amendments to the Law of Georgia on Elimination of Domestic Violence, Protection and Support of Victims of Domestic Violence, adopted by Parliament on July 22, 2016, from now on social workers will be able to separate children from abusive parents, legal representatives or other people.

This law defines the unity of actions that are typical of domestic violence, its detection and prevention, within legal frames. It also includes guarantees of legal protection and support for domestic violence victims.

According to the law, after police representatives issue a restraining order, it is for the social workers to decide whether to separate the child from the abusive family member or not.

The social worker's decision may be appealed in accordance with the law. However, the appeal does not suspend its effect. Moreover, separation of a child from an abusive parent or legal representative represents an extreme measure for ensuring the child’s safety.

While deciding where to locate the abused minor, his idea should be taken into account, depending on his age and development level.

If, due to some forms of violence in the family, a person specified in Article 11 of this Law applies to a court for a protection order, the court shall consider the relationship of the abusive parent/parents with the minor. If traces of violence can be observed in the minor, the court may request to separate the minor from abusive parent/parents as a temporary measure, until the court makes its final decision.

When considering the matter related to the right of representation of the minor, account shall be taken of the fact that if the abusive parent retains the right to represent the minor it will be harmful to the interests of the minor. Parents may not retain joint custody of a minor if there is reasonable belief that one of the parents may commit violence against the minor.

According to the legislation of Georgia, minors from the age of 14 may defend their rights and legitimate interests in court. In that case the court shall assign a procedural representative and hear the case. Minor claimants may disagree with their procedural representative and defend themselves. The court shall involve the guardianship and custody authority in such matters.

The obligation to apply to the relevant authorities for identifying (primary identification) and responding to domestic violence against minors shall rest with medical institutions, childcare and educational institutions, the LEPL Social Service Agency, the guardianship and custodianship authorities and their authorized personnel, as well as other relevant institutions and their authorized personnel involved in child protection referral procedures provided by the legislation of Georgia.

Thea Morrison