They keep a close eye on "problematic parents", why does the family hurt others? To protect the children's office | protect | parents
"Prosecutor, when we were receiving a consultation today, a mother brought a 10-year-old child with a red and swollen face and bruised right eye!" In late March of this year, a phone call was received from the non inspection office of the Putuo District Prosecutor's Office, and the other party spoke anxiously.
The caller is a doctor from Shanghai Children's Hospital and also a mandatory reporting liaison. After seeing the child, the doctor immediately realized that the injury was not quite right, and asked how the child was injured. The child stuttered and said that it was his father who hit him. According to the mandatory reporting system, doctors immediately call to report the situation.
Such incidents are not uncommon. Home should be full of love, but prosecutors have found that it can sometimes be a source of harm when handling some cases. These injuries are often seen as "family matters" or "small matters" and hidden from our sight. So, how can these injuries surface and how can they be prevented? The Dandelion Untested Team of the Putuo District Prosecutor's Office is constantly exploring new ways to solve these problems in the creation of national youth rights protection posts.
Put on armor for the victim
According to the doctor's description, the prosecutor determined that there may be a situation of domestic violence and immediately contacted the child's mother, Li Fei, by phone to learn about the incident, the duration and extent of the domestic violence. Li Fei stated that her son has a congenital intellectual disability. In daily life, she and her husband Wang Lei may have disputes over family matters, and their husband often "violently discipline" their son.
Considering the psychological trauma caused to the child, the prosecutor commissioned a youth affairs social worker from the Sunshine Center in the city to provide psychological counseling for the child.
"Why would dad hit me? I'm very afraid of him." The child was very scared about it. The social worker suggested that the prosecutor issue a warning to the parents of the child while also easing the child's tense emotions.
Social worker at Shanghai Sunshine Community Youth Affairs Center
According to the Anti Domestic Violence Law of the People's Republic of China, if a party suffers from domestic violence or faces a real danger of domestic violence, they can apply to the people's court for a personal safety protection order. Under normal circumstances, due to the closed, secretive, and sudden nature of domestic violence, it is difficult to collect relevant evidence in a timely manner, which also hinders the smooth application of personal safety protection orders by the parties involved. In this case, due to the doctor's timely mandatory report and the assistance of the prosecution, the evidence was fixed in a timely manner, and the conditions for applying for a protection order were mature.
In late March, prosecutors assisted Li Fei and her son in applying for a personal safety protection order to the court through methods such as assisting in evidence collection, interpreting the law, and entrusting legal aid lawyers. At the same time, they issued an opinion in support of the lawsuit. The court promptly issued a personal safety protection order ruling, prohibiting Wang Lei from committing domestic violence against the applicant, and prohibiting tracking, harassing, and contacting the applicant. The protection order is valid for 6 months.
"The order of personal safety protection will be issued to the public security organ and the neighborhood committee where the defendant's registered residence is located, and they will assist in the execution. If the defendant fails to execute, he may be detained by the court for justice." Xu Lichun, head of the Taraxacum Non inspection Team of the First Procuratorate Department of Putuo District Procuratorate, said that as a means of judicial relief, the order of personal safety protection has, to a certain extent, put a "tight curse" on the perpetrators and a "protective armour" on the victims.
The prosecutor also issued a guardianship order to Wang Lei, announcing and admonishing him in person, and entrusted a youth affairs social worker to carry out follow-up family education guidance for him.
"Problem parents" can no longer harm their children
On February 9th this year, prosecutors from the Putuo District Prosecutor's Office and staff from the Children's Welfare Institute arrived early at the Shanghai Children's Hospital, preparing to take Han Han, who was over three years old, to his new home. The child in front of him has a cute smile and an innocent face, but his experience is very complicated - he was sent away by his parents in the second week of birth and diagnosed with congenital heart disease in the third week. After learning about it, the biological father said, "When it was sent out, it was healthy. I definitely don't want it now." Before Han Han turned one year old, he had been critically ill several times. His biological parents not only refused to sign the surgical consent form, but also changed their phone numbers to play missing. After repeated intubation and rescue, Han Han was finally cured by the doctor, but could only live in the ward for three years. Mom said she doesn't want to see him, dad said she can't afford to raise him.
Han Han's father Shen Bing is 41 years old, from Shanghai, and his mother Han Qi is 29 years old, from Jiangsu. Han Han is their illegitimate child. The two discussed that after the child is born, it will be handed over to the elderly person, and they will definitely not take it with them. Unexpectedly, both elderly people on both sides were unwilling to help. Shen Bing's parents are nearly 70 years old and still working hard. They not only have to help Shen Bing repay debts and take care of their intellectually disabled daughter, but also have to raise a son born to Shen Bing and his ex-wife, which puts a lot of pressure; On Han Qi's side, she doesn't want to see Han Han herself, and her family doesn't even recognize this grandson.
So the couple gave the child to someone else, and the caregiver abandoned it in the hospital because the child fell ill. The hospital reported Han Han's situation to the People's Procuratorate of Putuo District. With the joint efforts of all parties, Shen Bing and Han Qi were arrested in Kunshan in 2021. In July of the same year, Shen Bing was sentenced to one year and six months in prison by the Putuo District People's Court for committing the crime of abandonment. Han Qi, on the other hand, was exempted from criminal punishment because she was found to have delayed mental development.
Although there is no need to continue treatment after Han Han's surgery, careful care is still needed and a normal living environment is urgently needed. Should we hand over the child to our father Shen Bing, who is about to be released from prison, or send it to our mother Han Qi's house? In June 2022, the procuratorial organs launched a guardianship qualification evaluation investigation, which showed that Han Han's parents, grandparents, and grandparents did not have the ability to raise their children. In the end, prosecutors and doctors found the Shanghai Children's Welfare Institute.
In September 2022, the Putuo District Court held a court hearing to hear the case of changing Han Han's guardian. The court supported the demands of Shanghai Children's Hospital in accordance with the law, revoked Shen Bing's guardianship qualification, and transferred Han Han's guardianship to Shanghai Children's Welfare Institute.
Putuo Procuratorate issues appointment letters to young social workers
"Revoking guardianship requires great caution. In the five years since our team was established, we have issued disciplinary and educational documents such as guardianship orders to over 170 parents who failed to fulfill their guardianship duties. However, only 6 parents who failed to fulfill their guardianship duties have their guardianship revoked. Xu Lichun said that it is worth noting that for Shen Bing, he does not have to take responsibility for Han Han anymore. He not only needs to pay for the child's medical and upbringing expenses before, but also for Han Han's future living expenses.".
Zhang Jinyu, General Secretary of the Sunshine Star Youth Justice Social Service Center in the city, stated that the protection of minors is a complex and systematic project, and what minors need is comprehensive, professional, and personalized care. Shanghai is actively exploring the construction of a new pattern of comprehensive protection for minors that integrates six aspects and cooperates with multiple departments. Public security, procuratorial and legal departments, government functional departments, the Communist Youth League, women's federations and other relevant units cooperate and introduce a professional social support system, which will form a strong joint force for the protection of minors.
