Child’s Rights Protection: A Case Study on Deprivation of Parental Authority When the Person Exercising Parental Authority is Denied The Provisional Release
Article Sidebar
Main Article Content
Abstract
This research article aims at studying the deprivation of parental authority in the case of a parent who is detained during criminal process, and to whom is denied provisional release whether at the stage of the investigation or at the trial stage.
The results of the study show that under section 1582 of the Civil and Commercial Code, the court has not been able to revoke legal guardians of their parental authority in the given case because it is not abusing parental authority as regards the minor’s person, or guilty of gross misconduct. Recommendations for the problems are : if a parent with parental authority is denied provisional release during the course of a court proceeding, the law should allow for the deprivation of parental authority under section 1582 of the Civil and Commercial Code. Furthermore, the criminal procedure code should be amended to give the power to police investigators, prosecutors or judges to ask an alleged offender about the well-being of his or her child so as to inform government agencies involved in order to assist the child, in cases where necessary to insure the child’s well-being. Finally, Child Protection Act should be added the power of agency officers to ask the court to deprive the parental authority.
Article Details
References
Child Welfare Information Gateway. “Grounds for Involuntary Termination of Parental Rights.” Accessed May 5, 2021. https://www.childwelfare.gov/pubPDFs/groundtermin.pdf.
Cohen, Alan Cohen. “When Parents Go to Jail, Children are the Hidden Victims.” Last modified April 25, 2021. Accessed May 20, 2021. https://www.dallasnews.com/opinion/commentary/2021/04/25/when-parents-go-to-jail-children-are-the-hidden-victims/.
Find Law. “Prince v. Com. of Mass, No.98 (United States Supreme Court 1994).” Accessed February 8, 20213. https://caselaw.findlaw.com/us-supreme-court/321/158.html.
Foley, Ridgway K. Foley Jr. “Police Power: Sovereignty’s Sledgehammer.” Accessed February 9, 2021. http://janda.org/b20/Lectures/Week%203/PolicePower.htm.
Jirawhut Chamchaiyaporn. “Child Protection with the Best Interests of the Child Principle under Article 3(1) of the Convention on the Rights of the Child, 1989.” Master’s thesis, Faculty of Law Thammasart University, 2008. [In Thai]
Korrasut Khopuangklang. “Lectures Law100 Fundamentals of Law and Legal Systems No.7.” Accessed August 30, 2021. https://www.law.tu.ac.th/blog/wp-content/uploads/2019/11/LA100_W7_Handout-Compatibility-Mode.pdf.
[In Thai]
Legarre, Santiago Legarre. “The Historical Background of the Police Power.” The University of Pennsylvania Journal of Constitutional Law 9, no.3 (2007): 748-749.
Matichon. “Poor Three Children, Their Parents have been in Prison, Taking Care of Each other Alone for 2 years.” Accessed January 20, 2021. https://www.matichon.co.th/matichon-tv/news_566163. [In Thai]
MGR Online. “Very Sad! Three Srisaket Girls Who their Mom is in Jail, they Spent Life by Themselves without Guardian. Also Asked other People for Foods.” Accessed January 19, 2021. https://mgronline.com/local/detail/
[In Thai]
Nigel V., Lowe, and Gillian Douglas. Bromley’s Family Law. 9th ed. London: Butterworths, 1998.
NSO National Statistical Office. “The Important Criminal Cases.” Accessed June 16, 2021. http://service.nso.go.th/nso/web/statseries/statseries13.html. [In Thai]
Office of Provincial Juvenile and Family Litigation Kalasin. “Missions and Duties.” Accessed August 30, 2021. http://www.kalas-ju.ago.go.th/index.php/parakid. [In Thai]
Office of the Council of State. “Civil and Commercial Code.” Accessed June 30, 2021. http://web.krisdika.go.th/lawHeadContent.jsp?fromPage=lawHeadContent&formatFile=htm&hID=0. [In Thai]
Pairuch Borvornsompong. “Child Victim Protection in Criminal Justice System and The Best Interest of the Child.” PhD diss., Faculty of Social Sciences, 2005. [In Thai]
Parinya Thitimontree. “The Role of Juvenile and Family Court in Child Abuse Case.” Master’s thesis, Graduate School Chulalongkorn University,1995. [In Thai]
Phokpong Srisanit. “The Rights of the Thai People Under the Constitution: Innocent Until Proven Guilty.” Accessed January 5, 2021. https://www.the101.world/presumption-of-innocence/. [In Thai]
Prasopsuk Boondet. Explanation of the Civil and Commercial Code, Book 5 on Family. 4th ed. Bangkok: Ruengdhamma Publisher, 1988.
Prasopsuk Boondet. Explanation of the Civil and Commercial Code, Book 5 on Family. 22th ed. Bangkok: Office of Legal Education Training of the Thai Bar Association, 2016. [In Thai]
Ramkhamhaeng University. “The Trial of Family Cases.” Accessed April 13, 2021. http://old-book.ru.ac.th/e-book/l/LW437(S)/lw437(S)-6.pdf. [In Thai]
Rendleman, Doug Rendleman. “Parens Patriae: From Chancery to the Juvenile Court.” Washington and Lee University School of Law Scholarly Commons, Accessed February 8, 2021. https://scholarlycommons.law.wlu.edu/wlufac/390/.
Rutsada Akabu. The Civil and Commercial Code on Family, Parents and Children. 4th ed. Bangkok: Winyuchon, 2005. [In Thai]
S.M., Cretney. Principle of Family Law. 4th ed. London: Sweet & Maxwell, 1984.
Sahathai Chancharoen. “Withdrawal of Parental Power Focus on the Adjudged Incapacitated Parent.” Master’s thesis, Faculty of Law Thammasart University, 2010. [In Thai]
Seni Pramoj. Civil and Commercial Code with Family and Succession. Bangkok: Chulalongkorn University Printing House Office, 1965. [In Thai]
Sirirath Adsakul. “Situation of Thai Families: A Case Study of Single Parent Families in the Area of Bangkok Metropolis.” Journal of Politics, Administration and Law 5, no. 1 (2013): 20-22. [In Thai]
Sukhothai Provincial Social Development and Human Security Office. “Documents for Requesting Assistance for People with Social Problems Ministry of Social Development and Human Security.” Accessed June 17, 2021. http://sukhothai.m-society.go.th/?wpdmpro=แบบคำขอรับความช่วยเหลือ. [In Thai]
Thaimetropolicediv9. “The Plan in Act to Prevent, Suppress and Solve Drug Problems The National Police Agency, B.E. 2020.” Accessed August 30, 2021. http://thaimetropolicediv9.com/wp-content/uploads/2020/03/แผนปฏิบัติการป้องกัน-ปราบปราม-และแก้ไขปัญ.pdf. [In Thai]
Thammanoon Laosakulporn. “The Role of Social Work in Protection of Child Abuse.” Master’s thesis, Faculty of Social Administration Thammasat University, 1999. [In Thai]
Viroj Thosakulsak. “Performance of Chiang Mai Child Protection Rights Committee.” Master’s thesis, Political Economy Arts program Chiang ai University, 2008. [In Thai]
Wathanotai Teerawan, Chontit Chuenurah, and Napaporn Havanon. “Review Article: Children as Invisible Victims of Criminal Justice.” Journal of Mekong Societies 12, no. 2 (August 26, 2016): 137-161. Accessed February 7, 2021. https://so03.tci-thaijo.org/index.php/mekongjournal/article/view/65480.
Witt, Ruth Slayco. “Due Process Methodology in Parental Termination Proceedings -Santosky v. Kramer.” DePaul Law Review 32, no.1 (1982): 161-162.
Worraphan Chungphisit. “Parental Power Divorce.” Master’s thesis, Faculty of Law, Chulalongkorn University, 2010. [In Thai]