Judicial Balance in Parental Rights Revocation
When deciding to revoke parental rights, authorities do not rush to apply such radical measures—even if a tragedy has led to the death of children—since it is necessary to prove not only the presence of a dangerous circumstance but also direct, systematic irresponsibility or deliberate misconduct on the part of the parents. Legislation and judicial practice usually provide for a set of measures: investigations are first conducted, the degree of culpability is determined, and all circumstances of the incident are clarified, which allows for distinguishing cases of systematic negligence from isolated tragic incidents or outcomes resulting from objective external factors.For example, in one of the reviewed cases in Yekaterinburg (source: link txt), the guardianship and custody authorities removed children from a family living in extremely difficult housing conditions; however, after public outrage and a reconsideration of the situation, the children were returned to family life. This demonstrates that even in cases where extremely severe measures are taken, the process of revoking parental rights remains strictly regimented and is applied only after thorough examination of all circumstances, rather than based on isolated negative incidents.Moreover, another article (source: link txt) emphasizes that theoretically any violation or adverse situation can be considered grounds for removing a child, but in practice, decisions are made taking into account a multitude of factors—including the family's socio-economic status, system errors, or isolated incidents—rather than automatically serving as a measure in response to unsafe conditions.Thus, measures to revoke parental rights are not applied instantly or automatically in cases similar to the placement of poisonous plants, as the legal process requires evidence of intentional or repeatedly occurring negligence on the part of the parents. Decisions are made only after an extended judicial process during which all circumstances of the case are considered, ensuring a balance between protecting the child's rights and preserving family ties.Supporting citation(s):"In 2007 in Yekaterinburg, the guardianship and custody authorities took six children from the Toporkovy-Kuznetsov family ... After widespread public outrage, the family was provided with emergency housing, and the children were returned." (source: link txt)"Anything can theoretically serve as a reason for taking a child away... $75,000 was spent on lawyers, and the mother was forced to move out because CPS (Child Protective Services) deemed her dangerous to the children and prohibited her from approaching them." (source: link txt)