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Violence In the Name of Care

September 23, 2010
Gela Mtivlishvili, Kakheti

“Mother has an easy form of mental disorder and is not able to ensure the healthy environment for her child and the inevitability of the relevant medical treatment. Children don’t have sufficient food and seasonal clothing,” – on these motives the Signagi Department of Social Service Agency took away two children of 24-years-old N.K at first, and several days ago, on the basis of the court decision, the socials workers took away 1-year-older Giorgi from her mother’s breast with the help of executors.

Signagi Department of Social Service Agency submitted complaint in Signagi Regional Court with the request of restriction of right to parenthood of N. K. and A.A on June 4th of 2009.

“Signagi Department of Agency received telephone report from the Children Care Service that there is a family in Tsnori with three little children with no home. Social workers immediately searched for the corresponding family and studied their case. As it turned out, their house practically doesn’t exist, it’s just the ruins of shack, the whole furniture of the family is two metal beds, the baby carriage arranged with wires, small old table, several plates and a cup. Both parents have limited capacities. Father is diagnosed with schizophrenia and the mother with light form of mental disorder. Woman has a third child from her second husband who gives the impression of psychically unbalanced person. Older girl is ill with epileptic fainting. On May 27th, according to the mother’s request, older children were taken to Tbilisi Infant House. The mother categorically resisted the transfer of the infant. Agency considers that the mother is not able to create healthy environment for her child. The child is not provided with the relevant food and seasonal clothing. Considering the existing situation, we are asking for the restriction of right to parenthood. All this will ensure the protection of children’s interests,” – reads the complaint.

Tamaz Jaliashvili, the judge of Signagi Regional Court partially rendered the corresponding complaint of Signagi Department of Social Service Agency with the decision of September 10th, 2009. N.K and A.A were restricted the right to parenthood in relation with the first and second child. As for the third child, Giorgi K, the complaint was not satisfied. In his decision, the judge indicates: “In relation with George K, the request of complaint was based on the circumstances that the mother of child is a psychopathic individual with the light form of mental disorder. She’s not able to take a full care of her child. The child is raised in undesirable environment. The defendants didn’t recognize the complaint and asked for the cessation of case proceedings on the ground that the situation has changed substantially. L.B. was recognized to be father of Giorgi K. Plus, the parents of the child registered their wedding and the housing conditions have been significantly improves. Besides, the child is breastfed and any restriction in this viewpoint can be dangerous for his health and life. The court established that Giorgi is under the supervision of both of his parents and his health situation is satisfactory; mother is under the registration of LLC “Psychonevrolog” diagnosed with the light form of mental disorder and given the relevant status: father is physically and psychologically healthy person, employed with permanent income. The Court can’t consider the position of the agency that mother is inadequate because of her illness and can’t ensure the healthy environment and valuable feeding of the baby, and the inevitability of the relevant medical treatment. According to Court, considering the age of the child, mother is the only person who can ensure feeding of the baby with the natural, biological food – breastfeeding and neither the establishment of status of Person with Limited Capacities nor the concrete medical diagnosis. The court will also direct its attention to facts that father of child is actively involved in raising and supporting the child. The request of agency is groundless and shall not be satisfied.”

On July 6th of 2010, Signagi regional department of social service agency again addressed Signagi Court and requested the restriction of right to parenthood of Giorgi’s parents and transfer of the child to the Infant House. “On June 25th of 2010, the officials of Lagodekhi Regional Department of the Social Service Agency Inda Labuchidze and Madona Qurtsikhidze witnessed the fact of violence committed against the infant. The investigation regarding this fact started in Signagi Police. Plus, the agency conducted research and established that mother of child diagnosed with the light form of mental disorder commits physical violence against the child and the father is not able to ensure the security of the child,” – notes the head of the department Zurab Zurabishvili.

This time the complaint was examined by the judge of regional court Khvicha Kikilashvili.

“The court studied the request of the agency, checked its validity and considered that the request should be satisfied. In case of dissatisfaction of request, the health and life of the baby might have been endangered,” – stated the judge Kikilashvili.

According to the information received from the Signagi Regional Agency, on the basis of the report provided by the agency, the investigation is being carried out on the fact of violence against the child. But the essential evidence for the indictment of mother.

We met with the neighbors of N.K who categorically denied the fact of physical violence by the mother. “She does everything she can do for the baby. Yes, she has a little mental disorder, but that doesn’t mean she should be deprived of her children. The agency is very after her. First, she was made to give a consent for deprivation of her two children, and then the third child,” – notes Marine B.

Giorgi’s parents appealed against the decision of Signagi Court with the help of lawyer. Tbilisi Appellate Court received the complaint in its proceedings but the child was taken away before the final decision.

“Social worker came with the executor. The baby was taken out of my hands. Giorgi was crying, coming to me, but they paid no attention. He was taken forcefully. I gave birth to these children. I’m trying my best to raise them, why are they taking them away, I don’t know. Maybe it is because once the agency officials offered me to sell my child but I refused. Because of injustice, in the form of protest I will burn myself. I don’t want to live without my children,” – states the mother of children.

For additional information see the video material of Kakheti Information Center prepared on July 9th: http://ick.ge/ka/videogallery/2011-2010-07-09-12-12-12.html 

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