Analyzing decision-maker’s justifications of care orders for newborn children: equal and individualized treatment

Abstract

Seeking insights into how decision-makers uphold obligations to equal and individualized treatment in decisions about state intervention, this study examines justifications by decision-makers in care orders for newborn children. Eighty-five care order judgments from eight European countries concerning children of mothers who misuse substances are analyzed to determine how decision-makers justify removing a newborn child from their mother’s care. I find that the results display similarities in what risk factors they find relevant to these cases, but it differs which are deemed decisive. Protective factors are rarely important. Implications for the US context are commented on.