TY  - SER
AU  - Johnston, Hannah
AU  - Henaghan,Mark
AU  - Mirfin-Veitch,Brigit
TI  - The experiences of parents with an intellectual disability within the New Zealand Family Court system
SN  - 1746-8000
PY  - 2007///
CY  - Wellington
PB  - Lexis Nexis
KW  - FVC
KW  - ADOPTION
KW  - CARE AND PROTECTION
KW  - CASE STUDIES
KW  - FAMILIES
KW  - FAMILY COURT
KW  - FAMILY LAW
KW  - OUT OF HOME CARE
KW  - INTERVENTION
KW  - JUSTICE
KW  - MENTAL HEALTH
KW  - NEGLECT
KW  - PARENTS
KW  - DISABLED PEOPLE
KW  - PEOPLE WITH LEARNING DISABILITIES
KW  - CONTACT (ACCESS)
KW  - NEW ZEALAND
N1  - New Zealand Family Law Journal 5(9) March 2007 : 226-236
N2  - This article discusses the concerns that arise when the state intervenes in cases of inadequate parental care involving parents with an intellectual disability. A number of cases are drawn on in examining whether these parents are treated differently to other parents by the Family Courts when Care and Protection proceedings arise under the Children, Young Persons, and Their Families Act (1989). The article is based on a three year study that relates to parenting by adults with an intellectual disability. Some of the cases involve adoption and termination proceedings. The author does not aim to criticise the decisions reached by the Family Courts, but highlights some of the inconsistencies and barriers that these parents face when they have interactions with the Family Court. The discussion traverses how intellectual disability is described by the Courts and the involvement of parents in the legal system; the Court's lack of understanding about intellectual disability (and the lack of understanding by parents of Court processes); and the wider social concerns impacting on parenting ability. Also discussed is: maintaining relationships once the parent loses primary care, assessment of risk factors, reaction to change initiated by parents, need for support, use of expert evidence, and using the law to build up a network of support for parents. It is concluded that Judges face a difficult task in assessing the parenting abilities of parents with an intellectual disability. The diversity of this group of parents and their increased vulnerability mean that it is crucial that a careful and individual assessment, in accordance with the statutory framework, is conducted on a case by case basis. Judges need to be cautious of displaying a bias towards rejecting the evidence of parties who support the parenting capabilities of people with an intellectual disability. The authors argue that further education of the judiciary about intellectual disability, including behavioural manifestations and responses caused by the disability, would provide a wider awareness and more individually tailored responses to proceedings with these people
ER  -