Child’s Best Interests, His Voice and Rights

Abstract
Women’s Parliament Session No. 91 was held in cooperation with the A.L.I.A association and was the second conference dedicated to the memory of the late Dr. Marina Solodkin. The conference was held on 18.8.2015 at the “The Council for a Beautiful Israel” conference hall at Hayarkon Park Tel- Aviv.

Greetings
Prof. Esther Herzog: We are gathered for the third year, in remembrance of Marina Solodkin to remind ourselves of her extraordinary activity regarding the issue of children’s custody and parental rights. Marina was an unusual figure in the political arena. She was not afraid to fight for the children and for their families. We, friends and members of the A.L.I.A Association for children and parents’ rights and the Advisory Committee for the Women’s Parliament, consider it a great honor to hold this annual memorial service in her honor.
The conference today will focus on the “non-child’s” interests in Israel. Netta Cohen’s willingness to tell her personal story and the terrible consequences of the “child’s interest law” in Israel, opens a discussion on the much-silenced subject.
The voice of Netta the girl, can only be heard years after she escaped the grasp of the welfare authorities and started a new life, when she was no longer a child. This is the intolerable reality we wish to change.
We are fighting for the rights of children to express their opinions and aspirations, realize their needs and affect their own lives.
Since the early nineties when we started the campaign against assignment policy, things have changed.
The Social networks have a vast contribution but the mothers are the true courageous leaders of this important social struggle. For the sake of the children, for the sake of the mothers and fathers. We hope Netta’s participation in the conference today is the beginning of the involvement of those children that have grown up, in this struggle, for the sake of the children who are still in the system. We hope they will lead the struggle and break the walls of silence on the matter.

Knesset member Dr. Aliza Lavi: I am delighted to be here at the memorial of the Knesset member, Dr. Marina Solodkin. Events and horrific stories I’ve been exposed to, in the two years I have served as the head of the Committee on Women’s Status, demonstrated to me the dismal situation in Israel. “Aliza Stay out, this is a professional matter, you do not understand, you will only make things worse”, these phrases repeatedly pronounced since the night Danit called me from the shelter, were she was referred to by the welfare authorities. The same welfare authorities that two months ago, removed her child from her custody without any explanation. The threat of sabotaging the professionals by bringing up the topic – paralyzes me, as a public servant.

Shuli Mualem: Marina has chosen to be a sympathetic ear for everyone and especially for the weak. She was as Rabbi Kook preached, inquisitive, demanding and praying. Family is a source of strength for us all. From this perspective, we can act in the benefit of the child, mothers, fathers and families. The change should be made within the system. Instead of investing in removing children from the family’s custody, we invest in strengthening families. The child should grow in his natural place: his family. Who decides what is the child’s best interest?  Are we acting out of patronage thinking we really know what is good? We cannot close all the child care facilities, some kids are better off outside their families, but unfortunately removing the child is always the first option taken rather than the last.
We must stop the abuse of mothers, fathers and families, which results in weakening  the State of Israel.

Hannah Solodkin: I would like to thanks the members of the A.L.I.A association who accompanied us since my mother died. Mom was born to confrontations. Mom was not an Israeli born. She came here at the age of 39, and entered the Knesset at the age of 46. Since she immigrated to a democratic regime, confrontations were made possible and took a significant place in her life. It manifested in many issues especially involving individuals facing the system. She started her career at the Hebrew University, where she worked as a researcher. She was pushed into politics when the Academy could not contain her. Mom was a Knesset member for 17 years, five terms, and all this time acted as an individual against the system, even inside the Knesset. Although she was part of the establishment she was fighting.

Netta Cohen – A Personal Story:
My name is Netta Cohen. Me and my family immigrated to Israel from Turkey in 1996, when I was a year and a half old. My parents divorced when I was eleven. We lived in Karmiel, in the periphery. I want to tell you how I ran away from welfare authorities to my father who returned to Turkey shortly after the divorce, and by doing so I actually saved my life.
As a child of a divorced couple I was offered consultation at school. After a while, I was referred to a psychiatrist. I agreed to do so. The counselor at school reported to the welfare authorities that I had suicidal thoughts because I told her before math class that “I would rather die than go into this class”. At the meeting with the psychiatrist I was hoping to discuss being boycotted by the kids in class simply because I was a “geek” and about my parents’ divorce. But he insisted on talking about the “suicide attempt” and allegedly hitting my mother.
He concluded that I need to take medication and recommended that I’d be hospitalized for “just two weeks”, while misleading my mother. I found out after the fact, that the welfare officer Yitzhak Maoz lied to my mother and told her I climbed to the school’s roof and was going to commit suicide. The psychiatrist Dr. Victor Hazanov report was copied from the welfare officer’s report. “The child Instruction facility” in Nahariya hospital turned out to be a psychiatric ward. It had physical restraint (beds) room called “thinking room”, which served as a mean of punishment. I was given high doses of psychiatric drugs, higher than recommended in the psychiatrist report, they forcefully drew blood for testing. I called the social work Sarit Fisher Abadi to complain and told her that the two weeks have passed, she answered that the doctors say they need more time, so there is nothing to be done.
Hospitalization lasted about three month. The Psychiatrist Dr. Marcelo Spitz said that after being released from the hospitalization, I will be put in a boarding school. I said I wanted to go home but he threatened, “You should go willingly, otherwise Yitzhak Maoz, will issue an order and will forcefully assign you to a boarding school”. So, I moved to Harduff boarding school which is an anthroposophical establishment. The place is pastoral, but it forces on the children a certain life style. They would impose hard work on us and call it “chores”. They would wake us up at six in the morning screaming. Whoever did not wake up within 5 minutes they would pour a bucket of water on him.
Yitzhak Maoz persuaded my mother to issue a “minor in need” order and lied to her that the order protects us from boarding school obviating the need to pay tuition. In December 2008, the order was issued for a span of one year. I called my mother every day, crying and asked to go home. On Passover holiday I decided to leave the place and not come back. Members of A.L.I.A association hid me for three months.
On July 7th 2009 my father, who lives in Turkey, bought me a one-way ticket to Turkey. As long as the plane was in the air, I could not breathe I was relieved only when my father picked me at the airport. It was hard to believe that from now on I will have a normal life. I enrolled to school and had “normal” problems like my accent for example. As of now I finished my first year of undergraduate studies in Media. I participated in the establishing of an association in Turkey against religious coercion. I am a political activist and have no problems with the welfare authorities. I started a translation business. I am 20 years old and I am self-sufficient.

Danit Cohen – A Personal Story
I haven’t seen my son for two months, the son I’ve been raising for 8.5 years. Two months ago, the verdict was issued ex parte which was not my side: “Despite all the welfare surveys, the child should be transferred to his father’s custody immediately.” Nine months ago, the boy’s father arrived, and tried to take the child by force. The Welfare Authorities who pronounced me as a perfect mother, took me and my boy to a battered women’s shelter, where we stayed for seven months. At the end of seven months, we returned home. Everything went peacefully until two months ago, when the boy went to visit his father, as part of the visitation agreement, and did not return.
The next day the welfare authorities summoned me and notified me that the rabbinical court issued a warrant placing the boy in his father’s custody, and that I must comply. I went to rabbinical court, trying to figure out what’s going on. I could not get any answers from the court or from the social services. I felt so helpless. Despite being pregnant with twins, I packed a small bag and went on an 18-day hunger strike in front of the rabbinical court. Nothing helped. In a confidential report, the welfare authorities in Ramat-Hasharon claimed that I’m not an authoritarian mother based on the fact that I had promised my kid a gift if he takes a blood test. Since my child has been in his father’s care, I was prevented from talking to him on the phone or meeting him, despite the existing visitation rights. I am prevented from seeing my son.

Panel speakers
Advocate Yossi Nakar: Shuli Mualem rightly asked “Who is the patron that determines what the child’s best interest is?”. As a member of the Knesset you can lead to legislation and maybe lead to change in the perception of judges on the matter, which I think, today is a bad one.
In Many of the Supreme Court rulings, you can find the statement: “I the court am the parent of the minor ” And here lies the problem. The trend today is that the state intervenes more and more in the parental authority and want to determine the most trivial things about what is good or bad for the child. Welfare of the child is tied to the welfare of the family both go together.
Danit Cohen sat in front of the court for a long time she does not know why her child was taken from her. I went through the rabbinical court files and could not find any written decision on the case, no decisions! No report, no scanned documents, everything is confidential. Later on, she received a copy of the report written by the social worker from Ramat-Hasharon Ronit Rahav, stating: ” We intend to leave the boy in his father’s custody, we ask that the Court will not reveal this fact to the mother”. The boy was not declared a “child in need” in the rabbinical court, for this is not in their jurisdiction.  The social worker tells the Dayan (rabbinical judge) what to do and, he automatically without considering whether the court, according to the youth act, has jurisdiction or not, rules on the matter. They make a mess of things and just like that a child disappears.

Prof. Israel Zvi Gilat: Dr. Marina Solodkin was a representative of the public. This is the important message for the parliament members, you are in a position to take care of children and their families. The Conduct of the welfare officials, in the case of Danit Cohen demonstrates the root of the conflict. The welfare authorities and the court think that the right of the child stands autonomously in conflict with the family, with the parents. As if the parents are a shell and the child is inside, and all you need to do is release the child from the shell. We are opposed to this definition and claim that the child is actually the family. What is the difference between the child’s rights and the child’s best interests? Judges, and I do not know answer. Child’s rights and child’s best interests are summed up to the most important thing, the child’s protection. Why did Yitzhak Maoz insist that Netta will remain until the end of the year in boarding school? because of money. This is the reason why it is so difficult to change legislation.  All the welfare authorities’ tenders should be made transparent.

Hannah Beit-Halachmi: It is important to remember that there is a budget of 17,000 NIS for each child who is defined as “at-risk” and is put in a residential facility. 7,000 -8,000 NIS per month for boarding schools, 3,000 NIS a month for foster families and the rest of the money goes to countless privatized services associations.  A few months ago, we dealt with a case of a child returning to his home. We asked for 2000 – 3000 NIS expenses for the mother to get organized. Basic accessories were needed, a bed, clothing, basic things. The social services could not allocate the budget. The social worker told me, “we could refund her up to 1,000 NIS against receipts”. Refund?! the woman has no money. Most of the welfare budgets is allocated to   the process of removal of minors from their parents. There is no budget for rehabilitation within the community.

Advocate Yossi Nakar: Up To now, the Ministry of Social Affairs does not know how many children there are in a residential facility.

Prof. Israel Zvi Gilat: The state should set up a child’s ombudsman. The Ombudsman should get a state budget, have the power of investigation and receive verified data. When I participated in the Gilat’s Committee, I wanted to know what a welfare file looks like, to my request the welfare officials contacted President Magistrate’s Youth Court Abraham Schoenfeld, who was a social worker, and told him that under no circumstances should he show me the files. Abraham Schoenfeld brought me the file himself. I was there in the office with the late Prof. Shaki and we saw that it wasn’t a proper file. Files should be put before the deciding Committee and should be transparent. People should be able to be represented by whoever they choose.
I teach social work graduate students and they say things have changed, they invite the parents for a hearing. But there is no change in terms of the provisions and the law.

Advocate Yossi Nakar: This concept still holds today. I am considered a visitor in front of the committee and not a representative by right. Despite the Silman’s Commission recommendations that allowed lawyers to argue the case before the deciding Committee, we are allowed in only as “friend”.

Prof. Israel Zvi Gilat: As long as there are no protocols of the deciding Committee meetings and the material is undisclosed, it is impossible to protect the child.

Knesset member Dr. Aliza Lavi: Netta, you are a courageous public servant. As a representative of the system, I would like to ask your forgiveness and offer my help to you to return home. We need you here. You can find yourself in the Israeli Knesset promoting these issues. There are a lot of things to fix but the system also helps many children. I want to fix from top to bottom. There’s a lot of money involved and there is also corruption within the system. That we need to fix. I promise to be a faithful delegate and partner.

Yana Ivri – Journalist: I am very happy that this issue is still in the headlines. A lot of times when I suggested to do an investigative report on removing children from home the TV editors, channels 2 and 10, refuse saying “how many times can you talk about this?”. TV wants to see action, struggles, strikes, discussions. It does not want to show a person who says, “They took the child”. When I interview the mother, I need to get the other side’s response, the Ministry of Social Affairs, in most cases looks better on TV. When I presented my findings the welfare authorities responded with a “No comment”. When I presented the data on the money they receive from the Ministry of Finance for each child, 17,000 NIS per month, they responded “No comment”. When I was filming Yom-Tov Lori in front of the Ministry of Welfare offices in Tel Aviv they told me that I would get a response only if I cancel the story on Lori.

Shuli Mualem: The hope is that Netta, and the likes of her, would not leave the country. It is our duty to change the system. There should be cooperation between lawyers, the judiciary system, people affected by the system, the media, Knesset members, activists, and academia. We must demand amendment from the Ministry of Social Affairs. I aim to correct the terrible injustice that take place here. We need to confront Minister Katz from this conference perspective.

Dr. Shaul Ben-Porat – an Educational Psychologist: The psychologist’s job is to repair the damages of the of Social Workers’ review, they do not understand developmental psychology or mental health. They are writing nonsense and contradicting themselves.
My late mother told me: “A house full of trouble is a good house, you should stay there”. The conclusion: Even a bad home is a good home, because it provides psychological needs. Training should be given to parents. My role, in cooperation with the lawyers is to “straighten” the system and the surveys of social workers that are not professionals. The Lawyers with the psychologist protect against the corruption of the social workers. I’m 43 years in the profession and I have met very few cases that were treated right.

Naama Lanski – Journalist: We can learn from Netta Cohen and Danit Cohen, about the responsibility of every man for his destiny. If you want to make a change just do it. The 14-year-old girl did amazing things, why can’t we? Danit Cohen, pregnant with twins, struggled to return her son to her. This is the message we should adopt; Cooperation and Humility. We need to think how to combine the two.

Nehama Dichne – Executive Director of A.L.I.A:
Marina was unique in the Knesset. There was a lot of resentment towards her, she spoke out against the system and against the removal of children from the house. She had magnanimity. I brought Netta into my home with a lot of love. She was in a difficult situation and we were able to save her and give her a chance to develop and be successful.

Prof. Esther Herzog:
Parents and children who have suffered and are still suffering, should be at the center. The court must hear the children and the media must make their voices heard. Today they are being silenced and hidden, they do not exist.

 

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