친족위탁에 대한 재평가와 친족위탁양육자 지원을 위한 후견제도의 활용

• 영문명: Rethinking kinship foster care and proposing the use of guardianship to support kinship foster caregivers: with the review of 「Foster Care Facilitation Bill」
• 발행기관: 한국가족법학회
• 저자명: 권재문(Kwon Jae Moon) 강현아(Kang Hyun Ah)
• 간행물 정보: 『가족법연구』家族法硏究 第28卷 3號, 267~298쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.11.30

영문 초록

While the number of children in care has been continually increasing, the pool of potential adoptive parents is not changing. Moreover, along with the increasing concerns for placing children to the institutional care, new bill has been proposed in the effort of facilitation of foster care system in Korea. The bill specifies the conditions to start and end foster care services and the legal status of foster parents, further, describes ways to support and monitor foster care services. We critically review the bill, and suggest revisions of the bill. Firstly, there should be a special caution in treating foster care as a way of achieving permanency. Rather, to contribute to the wellbeing of children in care, we suggest to use kinship care as guardianship if kinship caregivers have an ability and willingness to take care of foster children in appropriate caring environments. We can use Korean laws, Child Welfare Law and Civil Law that already exist, regulating guardianship, by their provisions related to appointing a guardian after limiting or terminating parental rights if needed. Secondly, we propose the guardianship for foster children to be subsidized by government and proper level of governmental monitoring too to facilitate the guardianship by kinship caregivers and to keep it as a stable placement. It seems premature to conclude whether kinship foster care is a better option than general foster care, since the study results are mixed when it comes to comparing children's developmental outcomes. However, considering limited pool for the placement of children in care and the lack of children's permanency achievement in Korea, we recommend the facilitation of a guardianship for kinship foster children. Subsidized guardianship in the United States can be a good example of permanency achievement for Korean kinship foster care children. This policy is expected to improve the quality and accountability of child welfare services for Korean foster children.

목차

Ⅰ. 서론

Ⅱ. 가정위탁보호와 관련된 법적 쟁점

Ⅲ. 친족위탁에 대한 재평가: 미국의 논의를 중심으로

Ⅳ. 입법론적 제안

참고문헌

Abstract

키워드

영속적 정착, 후견, 친족위탁양육, 가정위탁, 보조금부 후견 permanent placement, permanency, guardianship, kinship care, foster care, subsidized guardianship