Project Updates

The District Court in Jičín has closed the case of Ms D. who suffers from a psychiatric condition. The case was brought in November 2006 and the court acting on the proposal of social services took the precautionary measure of taking away one of her children and placing him in state institution where he stayed for 10 months. Within this period, the court was deciding whether both children should be placed in the state institution or whether the mother was capable of taking proper care of them.

The mother was represented by a Liga lawyer within the project entitled “Institutionalized children!” We succeeded in reversing the precautionary measure and suspended the proceedings concerning placement in the state care institution while also providing supervision. But later the court, acting on its own initiative, took the proceedings concerning the mother’s legal capacity, which could have led to deprivation of parental responsibility and removal of both children. Thankfully the proceedings were suspended on the basis of an expert report.

With regards to the procedural flaws in court proceedings, Liga is preparing a claim for compensation for non-material damage caused by the forced 10-month stay of Ms D.’s son in a state care institution. In this case, Liga takes the lead from western countries, where even a mentally disabeled mother is considered fully capable of bringing up her children. A mother’s upbringing is a much better solution than placing the children in the alienating environment of state institutions.