Allow Legal Representation for Parents in Committees for At-Risk Children
- ACRI
- Jun 3
- 2 min read
On December 15, 2022, ACRI submitted a petition to the Supreme Court against the Ministry of Welfare, demanding that parents be allowed to receive legal representation in proceedings conducted by committees that deal with children at risk ("decision committees"). These committees make fateful decisions regarding minors and are authorized, among other things, to decide whether or not to remove minors from their homes and from their parents' custody, temporarily or permanently.
The families whose children's care is discussed in these committees are among the poorest, most socially marginalized, and most vulnerable families in the State of Israel. They are often single mothers, some with cognitive, mental, and physical disabilities, and some suffering from addictions. Many are immigrants, do not speak Hebrew, and have little to no formal education. These families are in crisis and have no support systems.
Despite the critical, and sometimes irreversible, decisions made in the committees, the Ministry of Welfare prohibits parents from having legal representation under all circumstances: even if the parent is hospitalized or detained, even if the parent is a minor, even if the parent has a disability, even if the parent is not fluent in Hebrew, and even if the child has already been removed from the home by emergency order. The lack of representation violates the parents' fundamental rights, including the right to due process and the right to family life. The committee’s decisions also have extensive influence on the outcomes of legal proceedings in youth and family courts, and therefore the prohibition on legal representation is also a violation of the right of access to courts. The prohibition against legal representation is based on an internal directive from the Ministry, which contradicts an explicit provision in legislation and court rulings on the issue.
In a previous petition that ACRI filed in 2016, we demanded that the committees be regulated to ensure due process and the protection of human rights. Following the petition, the Ministry of Welfare published a new regulation and a draft bill, and so the petition was withdrawn, but the draft bill has not advanced in the four years that have since passed.
Prior to the hearing on the petition on December 13, 2023, the Ministry of Welfare announced that it had partially accepted ACRI’s position and would allow the presence of lawyers for parents in committees, but emphasized that the lawyer would come to the committee as an observer only and would not be allowed to speak during the proceedings, other than to "support the therapeutic process." In the hearing, ACRI did not back down from its demand to allow active legal representation for parents. The court ordered that the state had 60 days to submit an improved arrangement regarding representation in committees.
On June 19, 2024, a hearing was held on the petition, and the Supreme Court issued a conditional order instructing the state to explain why it does not allow parents to receive legal representation in committees.
In the arguments we submitted in May 2025, we stated that the right to representation is a fundamental right, anchored in the Bar Association Law. Moreover, even if the Ministry of Welfare had the authority to deny or limit representation for parents, it was exercised poorly, without relying on data and while ignoring case law and research.
HCJ 8647/22 The Association for Civil Rights in Israel v. Ministry of Welfare and Social Security Attorney: Maskit Bendel
