Clarifications concerning the social inquiry - A special case of interventions of maximum efficiency on behalf of minors

• Author: Carmina Aleca - Daniela Iancu
• Position: Assistant Ph.D. Faculty of Juridical and Administrative Sciences, University of Pitesti - Lecturer Ph.D. Faculty of Juridical and Administrative Sciences, University of Pitesti
• Pages: 34-37

CLARIFICATIONS CONCERNING THE SOCIAL INQUIRY – A SPEC IAL CASE OF

INTERVENTIONS OF MAXIMUM EFFICIENCY ON BEHALF OF MINORS

Carmina Aleca

Daniela Iancu

Abstract

The social investigatio n is necessary a s a thor oughly efficient measure to ascertain the situation of the

minor, from the perspective of the measur es and treatments to which he is subjected and of the danger they pose

to his development. In order to resolve this matter, the r equest made by author ities respo nsible for criminal

investigations for the bodies specia lized in the protectio n of children to look into such a ctivities is very

important. We propose ther efore to o bserve the social investigation of infra ctions that concer n the child, which

were committed in the family environment.

Keywords: social investigation, family environment, minor, tutelary autho rity, protection.

Introduction

The social investigation rep resents an activity of maximum importa nce, which must be carried out by

persons endo wed with certa in abilities by the socia l service, every time it is necessary to obta in information on

the living conditions of under age people. Pursuing an investigation by specialized per sons is imposed b y the

specificity of family relations, using their professional ability a nd tra ining, so that such intervention does no

harm. We consider th e social investigation a s a case of inter vention with the pur pose of ensuring the security of

the child, with the use of specific methods adapted to every situation

1. The necessity of the tutelary authority t o carry out a social investig ation of the living

environment of the minor

The social investigation is necessary as a thoroughly efficient measure to ascertain the situation o f the

minor, from the perspective o f the measures and treatments to which he is subjected and of the danger they pose

to his development. In order to resolve this matter, the request made by authorities responsible for criminal

investigations for the bodies specialized in the protection of children to look into such activities is very

important, since its purpose is to ascertain the living conditions of the minor, the way in which he was raised and

educated, the way in which the persons to whom he was entrusted fulfill their obligations as stipulated by law,

the state of the minor’s health etc. As s uch, we consider that carrying out this activity is necessary every time

there is a risk of mistreatment, as signaled by competent authorities, either when there is actual evidence of such

an occurrence, or when there is the suspicion that the child is being harmed. Of course, such a finding is firstly a

civic duty and not one imposed by la w, whereby every person who has knowledge of acts of aggression or

privations suffered by the child, is obliged to make it known to the administrative and legal authorities 1.

Therefore, the social investigation imposes itself as a practical model of serving the higher in terest of

the child. This is in fact the soul and the essence of all measures of protection is the final and higher purpose 2.

2. Using the social investigation in case of family abandonment (art. 3 05 Criminal Code)

Most often, in the interest of resolving a criminal matter of family abandonment, the police notify t he

tutelary authority in whose jurisdiction the minor resides and request that they investigate and forward a report

shortly after. Consequently, in case the persons entitled to financial support are minors, it is necessary to

ascertain their situation and the results of the investigation, which consists in the gathering of data concerning

the upbringing and living conditions of the min or, his mental and physical state, the way in which the caregiver

fulfills his duties as stipulated by law and so on.

The social investigation is car ried out de facto, keeping in mind the ph ysical and mental state, t he

intellectual and moral development of the perpetrator , the family and social environment wherein he lives, the

factors that influence the conduct of the perpetrator and which have led to the abandonment or privation of

financial support, the non-fulfillment of duties or the non-payment of ali mony. Also, the financial condition of

the perpetrator and of his family are to be ascertained, the sources of income which guarantee the liveli hood of

the perpetrator, whether he owes debts to third parties or whether the owes money for living co sts, whether there

are any per sons that support him financially or whether he supports them. In or der to find out these results, the

 Assistant Ph.D. Faculty of Juridical and Administrative Sciences, University of Pitesti, e-mail: carmina.aleca@yahoo.com

 Lecturer Ph.D. Faculty of Juridical and Administrative Sciences, University of Pitesti, e-mail: daniela.iancu@upit.ro

1 Ş. Ionescu (coord), Copilul maltratat. Evaluare, prevenire, intervenie (collective paper), Fundaia internaional pentru copil şi familie,

Bucharest, 2001, p. 249.

2 Dana iian, Cauze cu minori în materie civil i penal. Practic judiciar, Hamangiu Publishing House, Bucharest, 2006, p. 3.