The Supreme Court on the F.F. case: Forfeiture of parental responsibility and indefinite custody in 2022

The recent ordinance no. 33147 of November 10, 2022, by the Court of Cassation offers significant food for thought on the delicate issues related to custody and parental responsibility. In particular, the ruling focuses on the case of F.F., a minor who underwent a long period of foster care, highlighting the problems connected to the forfeiture of parental responsibility and the temporary nature of foster care.

Context of the ruling

The proceedings began with the foster care of F.F. with C.C. and D.D., following economic and social difficulties of the biological parents, A.A. and B.B. The Court of Cassation had to assess whether the forfeiture of parental responsibility was justified. The Court of Appeal of Ancona had confirmed this forfeiture, deeming that the parents had neglected their duties, causing serious harm to the minor.

• The minor showed signs of emotional distress during meetings with her biological parents.
• Update reports highlighted the minor's persistent unease.
• The Court stressed the need to ensure a growth process that considered the minor's life experience.

The Cassation's reasoning

The forfeiture of parental responsibility presupposes the violation or neglect of duties by parents with serious prejudice to the minor child.

The Cassation accepted the appeal of the biological parents, pointing out that no concrete behaviors justifying the forfeiture of responsibility had been specified. It emerged that economic difficulties and precarious living conditions had initially led to consensual foster care, but the parents had always shown willingness to maintain contact with their daughter.

Furthermore, the Court reiterated a consolidated jurisprudential principle: the economic or psychological difficulties of parents cannot justify the deprivation of the child's right to grow up in their own family. The ruling highlighted the importance of adequate intervention by social services, whose role is crucial in ensuring the minor's well-being during the foster care process.

Conclusions

The Cassation's ruling on the F.F. case represents an important reflection on family dynamics and the paramount interest of the minor. The Court emphasized that parental responsibility cannot be revoked without a thorough assessment of parental conduct and objective difficulties. The call for adequate interventions by social services further highlights the importance of constant support for families in difficulty, so that they can overcome their problems and ensure a healthy and protective environment for their children.