Analysis of Foreign Practice in the Field of Legal Grounds and Approaches to Restriction, Deprivation of Parental Rights and Removal of a Child from His/Her Parents in Case of an Immediate Threat to His or Her Life or Health

Abstract

<p style="text-align: justify;"><span lang="EN-US">An analysis of foreign practice in the field of legal grounds and criteria for the removal of a child from his or her family in cases of abuse, when there is a threat to his or her life or health has been carried out. At the moment the world practice demonstrates two types of systems of realization of the child's right to a safe childhood: the system of family services and the system of child protection. Demarcation is carried out according to the object whose interests are to be protected and the goals: preservation of the family and care for the mental and physical well-being of all its members in the first case, and the prevalence of the rights and interests of the child in the second. In both cases, the procedure for protecting children's rights is legal in nature, implemented by state structures with the participation of civil society. As a rule, it is carried out in the presence of social-marginalizing factors: parents' lack of economic means, parents' social deviation, drug or psychotropic substance abuse, but can be initiated against those parents who have demonstrated an aggressive and abusive attitude toward the child in society, and it has been perceived from a position of censure and disapproval, which has caused the corresponding consequences considered in this article.</span></p>