The enhancement of intrafamilial foster care in the most recent court of cassation case-law. The contribution of vicarious figures
In the context of temporary foster care, should hetero-familial or intra-familial foster care be arranged, in order to protect the child's right to maintain relations with his or her family of origin, including "extended" family, by valuing the contribution of vicarious figures, including grandparents?
The most recent court of cassation case-law has addressed the question of the need for children to be temporarily removed from their parents in cases provided for by law. More specifically, these are measures aimed at overcoming the prejudicial conduct of one or both parents without going to the extreme of withdrawing parental responsibility.
Such measures may take the form of both intra-familial foster care, to relatives up to the fourth degree, and hetero-familial foster care.
The legal debate concerned the order of preference between the two types of custody in view of the child's overriding interest in a balanced upbringing, favouring, in substance, intra-family custody to members of the family of origin, first and foremost the children's grandparents.
|La valorizzazione dell'affido intrafamiliare||205.85 KB|