Welfare Law (Procedure in Matters of Minors, Mentally Ill Persons and Absentees), 5715-1955

In this Law –

"court" – includes tribunals, committees and other bodies lawfully competent in matters of adjudication, but excludes a court sitting in criminal proceedings;

"minor" – a person who has not yet attained the age of 18 years;

"minor's matter" – a matter pending determination by a court, in the determination of which the court is required or entitled to take into account the minority of a minor, even if the minor is not a party;

"mentally ill person's matter" – a matter pending determination by a court, in the determination of which the court is required or entitled to take into account the illness of the mentally ill person, even if the mentally ill person is not a party;

"mentally ill person" – includes a person with an intellectual disability;

"absentee's matter" – a matter pending determination by a court, in the determination of which the court is required or entitled to take into account the fact that a particular person is absent from Israel or that the person's place of residence is unknown, even if that person is not a party;

"procedural social worker" – a social worker appointed for the purposes of this Law pursuant to section 9.

A court may order a procedural social worker to investigate a minor's matter and to give an opinion thereon in a written report.

Where a procedural social worker has been ordered as provided in section 2, the social worker may, for the purpose of preparing the report, enter any place where the minor or the mentally ill person is or may be found, and may examine any person whom the social worker believes to have knowledge relevant to the minor or to the mentally ill person; a person so examined is obliged to answer the social worker's questions truthfully and fully, but is not obliged to do so if the answer may expose that person to criminal liability.

The report submitted by the procedural social worker as aforesaid shall be delivered to the parties and the court shall hear any argument they may raise concerning the contents of the report, unless the court has ordered, for special reasons, that the contents of the report, in whole or in part, shall not be disclosed.

The contention that a report submitted by a procedural social worker was not prepared in accordance with the provisions of this Law shall not serve as a ground of appeal.

The powers conferred by this Law upon a court and upon a procedural social worker in a minor's matter are also conferred upon them in a mentally ill person's matter, with such modifications as are required by the context.

The Attorney General or the Attorney General's representative may, if of the opinion that the welfare of a minor, a mentally ill person or an absentee so requires, institute any proceedings in a court, and may also appear and argue in any case in which a minor's matter, a mentally ill person's matter or an absentee's matter is being adjudicated.

The Minister of Welfare and Social Services shall appoint a chief social worker and also social workers for the purposes of this Law, who shall act in accordance with the directives of the chief social worker, either generally or in respect of a particular matter; where a procedural social worker disagrees with the directives in respect of a particular matter, the chief social worker shall reconsider and determine the matter after having consulted on the matter with the social worker and with such other bodies as the chief social worker considers appropriate.

The Minister of Justice is responsible for the implementation of this Law and may make Regulations in all matters relating to its implementation.