QUESTION OF April 29, 2010
"in tutte le decisioni relative ai fanciulli, di competenza sia delle istituzioni pubbliche o private di assistenza sociale, dei tribunali, delle autorità amministrative o degli organi legislativi, l'interesse superiore del fanciullo deve essere una considerazione preminente";
r isulta all'interrogante che nelle separazioni conflittuali alcuni giudici del Juvenile Court of Rome, in recent times, would have strongly affected the parents eligible and with whom children have the strongest emotional ties, in particular those judges can be distinguished, as pointed out by numerous acts of inspection presented in recent years, judgments in which children who have a strong bond with one of the two would be separated from their parents and placed in foster homes with strong restrictions on visits and, in some cases, even with the interruption of any emotional relationship with the parent with whom grew and his family ;
the Committee "Victims of Juvenile Justice" reported several cases in which the questioner relations of technical consultants or expert witnesses Court were not taken into account by the courts and, if we do not recommend the separation of children from their mothers for the serious injuries that would have led , children were still removed them and placed in family homes; t
such a framework could indicate the existence of a problem that plagues many parents today, who would in some way victims of a controversial interpretation of the Law 54, 2006 shared custody, or inexperience of the bench because, although the pursuit of the admirable aim of giving the child both parents, in fact the result is addiverrebbe di rendere il minore "orfano" per decreto del giudice e con metodologie spesso contrarie ai più elementari principi di tutela e rispetto nei confronti dei minori;
rilevato che, a quanto risulta all'interrogante: in questi giorni i quotidiani nazionali e locali hanno riportato la storia del minore A. L. F., poiché la disposizione di allontanamento dalla madre V. P. presa dal giudice del Tribunale dei minori, dottor Ianniello , e le modalità di esecuzione della stessa hanno destato particolare clamore nella comunità di Sezze (Latina) dove il minore è residente;
per riassumere le vicende giudiziarie legate al caso di A. L. F. si rappresenta che, con provvedimento del May 20, 2009 No 8164 of 2009, Dr. Ianniello of the juvenile court in Rome has
the removal of parental authority on the little lady VP ALF for a period of one year with placement of the child with its mother;
December 15, 2009, by decree No 7855, the court established the revocation of parental responsibility VP and ordering the immediate placement of the child with his father;
with decision No. 914 of February 2, 2010, after rejecting the request of Mrs. P. with which sought the placement of the child with its mother and the activation of a process of psychotherapy and family mediation in a specialized center, Dr. Ianniello confirmed the immediate child's removal and placement with the father
26 and January 27, 2010 social workers and police went to the home of Mrs. P. to pick up his son, but despite the full cooperation of the latter, declared in relation to the acts, could not take place ALF his desperate and stubborn refusal to go to the father;
with decision No. 1037 of February 10, 2010, supplementing and modifying the decision of February 2, 2010, Dr. Ianniello provided that the child was placed in a foster home in order to avoid "abrupt transition from one parent that could result in a rejection of child against the other parent ";
the juvenile court, by decision No 1188 February 16, 2010, appointed a guardian ad litem, in the person of the lawyer Enrico Ronchini;
with decision No. 1678 March 2, 2010 Dr. Ianniello reinstating the parental rights of mother and by providing for the same person to accompany the child at the family home with an extended right of residence of the child with both parents;
the curator, lawyer Ronchini, On March 16, 2010, formalized a proposal for mediation, signed by parents and legal parents of ALF, which aims to suspend the transfer of the child in the family home and to resume meetings with the father taking on the task of reporting al Tribunale per i minori eventuali inosservanze;
la signora P., come sostenuto dal legale di parte dottor Girolamo Coffari, presidente del "Movimento per l'infanzia", avrebbe espresso la massima collaborazione per favorire il rispetto degli accordi predisposti dal curatore e quindi, in occasione del primo incontro, venerdì 19 marzo, stabilito tra il figlio e il sig. F., avrebbe accolto il curatore che si è recato presso la sua abitazione per parlare con il bambino, e tuttavia lo stesso dottor Ronchini, dopo un tentativo di convincere il piccolo ad andare dal padre, durato più di due ore, ha desistito dal suo intento per il rifiuto espresso dal bambino;
con ordinanza del 13 aprile 2010, il dottor Ianniello disponeva then "on a provisional and urgent the immediate removal of the child (...) for placement in a foster home outside the territory of residence (...) suspended, the status of the relationship with the mother figure to facilitate the integration process;
on April 14, 2010 was presented by the lawyer for Dr. Jerome maternal Coffari action for the revocation of the order last mentioned, which shows how the act of Dr. Ianniello appear illegal because, among other respects, the child would not have been heard in his will, thus violating the right to listen.
the judicial history of the case also show inconsistency and lack of motivation among multiple and contradictory acts;
April 15, 2010 fourteen of the police officers were sent to Latin America, by order of the Juvenile Court of Rome, Sezze, and pick up the child, which, however, was outside the home of residence, therefore, after a few hours of parking in front of the house, lawyers and family have come to mediation with the police for which the child would be handed over to the police station in the afternoon, including the fact, accused the child would a strong discomfort, with threats and attempted suicide, so his mother would be forced to take you to the hospital where he was visited and monitored until that did not appear to recover.
the night, however, was still hurt and was visited again the next morning, again on April 15, 2010 was presented by the lawyer for maternal act of recusal of the judge, pursuant to art. 52 of the Code of Civil Procedure, which gives the parties that possibility when the same person suspected of bias, because there is a precondition for its compulsory leave in accordance with art. 51 of the Civil Code, however, and the judge fails to abstain voluntarily from the above
shows like Dr. Ianniello has issued over a period of four months, from December 2009, five measures ALF regarding the child with an average, therefore, a measure of about a month proliferation of such decrees, orders, decrees supplements had, as reported by the mother's family that the questioner has had the opportunity to meet, the effect to traumatize the child, in a few weeks, was called in the order:
to go to live permanently with her father;
to go and live in a family home accompanied by police or social workers;
to go to a home close to his home with his mother;
to go back with his father for about three days a week;
recently, to go and live in family home away from home with the ban to see the mother
raises the disconcerting ease with which Dr. Ianniello changed his mind and suggested different solutions for a child, without any significant changes that could justify decisions inconsistent and irreconcilable with each other, so as not understandable, in the opinion of the interrogator and the legal claims that Mrs. P., appoint a liquidator and after fifteen days to return the parental responsibility to the mother, and prohibit all contact between the same mother and child;
is also inexplicable decision to place a child at home doing family accompany by his mother, then follow a normal path of adjustment, providing ample opportunity to have the same with her son and, after a month without success in the meantime is nothing significant, if not the failure of a futile attempt and beside the point the curator, completely change your mind and prevent contact between mother and son, require the use of force in taking the child to the police and decide to take the child in a family home even " outside the territory current residence of the child ";
remain unclear, in particular, the reasons which led the court to change child, with the final decision of April 13, 2010, its determinations in modo così drastico e gravemente afflittivo per il piccolo A. L. F., in quanto il dottor Ianniello, con la decisione di vietare in maniera repentina, assoluta e drastica i rapporti madre-figlio, rischia non solo di disattendere, ancora una volta, le risultanze della approfondita analisi compiuta dagli specialisti medici, ma anche di contraddire se stesso rispetto al provvedimento del 2 marzo 2010, che stabiliva un collocamento presso la casa famiglia con consegna a cura della madre e ampia facoltà di visita;
il dottor Ianniello ha motivato le sue determinazioni imputando alla signora P. ed alla famiglia materna la responsabilità del "tentativo, fin qui riuscito, di escludere del tutto la figura paterna dalla vita del figlio" rilevando the need to stop "as soon as this sick relationship" between mother and child, forgetting that the last order issued provided the accompaniment of his mother at a family home, and not the father;
the fact on the "sick relationship" between Mrs P. and son, used by the court in order to justify the adoption of such a measure, is refuted by the considerations of Dr. Sabatello, Technical Consultant, which defines Mrs. P. "Single point of reference" for the child and, in his report also does not apply as a residual or extreme cases the placement of the child away from his mother, and those of Professor Cancrini and Dr. Di Bartolomeo, Experts psychotherapists who have dealt with the matter, confirming that the placement of small ALF at the family home would result in a trauma unsolvable;
the child, who has always lived with his mother, has a loving relationship and relationship with the same essential and there can be in the order of Dr. Ianniello any problems or psychological or social capital of the maternal figure, which could justify a measure as intrusive in the life of the child;
held:
the failure to find other ways to overcome the refusal of the child against the father, who also had been mentioned by the experts, has resulted in a punitive measure against the small ALF which should, according to the decree, to leave his home, his city, his school, his teammates and especially his mother, to spend an unspecified period in Rome, in a home that you do not know even the name, when in fact seems to be when a child goes to school well and living happily with her mother,
the methodology used by Dr. Ianniello the questioner is an affront to common sense which differs radically from the best guidelines and sensitivity regarding the rights of children are intended to promote a so-called "justice mild";
similar measures, moreover, would not be an exception, come sottolineato dalle molte interrogazioni presentate da diversi parlamentari su diversi giudici del Tribunale per i minori di Roma ; considerato, infine, che emerge ogni giorno che la struttura giudiziaria in questione soffre da tempo di una carenza di risorse finanziarie e di organico, la quale rischia di compromettere il funzionamento amministrativo del tribunale nonché la rapida conclusione dei procedimenti pendenti , si chiede di sapere:
se il Ministro in indirizzo non ritenga opportuno assumere, nell'ambito delle proprie competenze, iniziative, con riferimento a quanto descritto in premessa, al fine di verificare l'eventuale sussistenza di presupposti idonei a promuovere un'azione disciplinare.
To this end, we note the opportunity to ascertain:
a) if they were guaranteed to the child mentioned the physical protection and psychological and listening to his reasons, and in general rights guaranteed by the New York Convention on the Rights of the Child, and if there are any administrative reasons that prevent his stay in the family context in which he grew up;
b) if the children involved in foster care cases handled by Judge Robert Ianniello, for which were lodged parliamentary questions, requests for recusal and exposed to the Higher Judicial Council, have been adequately protected in their right to continue to enjoy the affection of a parent who represented their only point of reference;
if the Minister considers it necessary to address non-checked:
how many placements a year in family home prepared by the Juvenile Court of Rome where there is a suitable parent to have a strong emotional bond with his son;
what year was estimated expenditure on placements in the community or family homes arranged by the Juvenile Court of Rome whereas the cost to the state varies from 70 to 300 € per day for each child;
how many cases of placement in home famiglia vengano attuati annualmente in presenza di genitori idonei ma indigenti, visto che appare evidente che un contributo economico alla famiglia in difficoltà avrebbe costi molto inferiori del mantenimento dei figli minori in una comunità;
quanti siano infine gli affidi condivisi concessi nonostante uno dei genitori abbia subito condanne o non sia stato ritenuto idoneo dai periti del giudice;
se non si ritenga di dover intervenire urgentemente al fine di garantire alla Presidenza del Tribunale dei minori di Roma le risorse necessarie per assicurare non soltanto il funzionamento amministrativo della struttura, ma anche la definizione rapida dei processi, in quanto, se è vero che una giustizia veloce dovrebbe essere garantita to all citizens, this is even more necessary in the processes that affect children, given that the uncertainty arising from a judicial situation indefinite risks undermining the growth of the child permanently. (4-03096)
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