The Authority will notify by January 4, 2023 whether it accepts the conditions for holding the meeting listed in paragraph 13 of the appellants' response.
To the extent that she does not accept these conditions, Ms. Rath will clarify in detail what are the conditions under which the meeting will be held, including reference to the location, whether one meeting is sufficient or whether a number of meetings are necessary, the duration of the meeting or meetings, in the presence of whom will be held, and who will accompany the minors.
Afterwards, the format for the interviews will be determined."
- The Authority's response, which was submitted on March 1, 2023, was submitted without an update or clarification to the opinion of Social Worker Rett. In response, the Authority reiterated its previous arguments regarding the pilot and the purpose of the meeting with the social worker, similar to the minors held in the detention facility at Ben Gurion Airport, and detailed four of the conditions it was asked to address: (1) The location of the meeting will take place at the Authority's facility, but not at the detention facility at Ben Gurion Airport, in order to create a calm and relaxed atmosphere that will allow for open dialogue. (2) The presence of a parent at the meeting will be possible at the request of the minors in any case, and also to the extent that the social worker determines that his presence is useful for the investigation. (3) The duration of the meetings is not predetermined and is at the discretion of the social worker, and if necessary, another meeting will be held. (4) The meeting will be held without the presence of an accompanying party or other representative, for the purpose of the success of the investigation and the preparation of an effective opinion, which requires an unmediated impression of the minors without the intervention of a third person. In this context, it was argued that the legislature recognized the uniqueness of the social work profession as a sensitive role that requires direct meetings for the purpose of a direct relationship of trust between the social worker and the subjects, and this is all the more so here because the social worker does not decide on the matter of the minors or their families and does not have administrative authority in this context.
- On March 5, 2023, a motion was filed on behalf of the appellants to delete the response and to give a decision on the urgent request for instructions dated July 14, 2023, on the grounds that the authority abused the option given to it, and submitted a response that was not supported by the opinion as required, both in response to the opinions submitted in support of their request, and in contravention of my decision of December 21, 2023.
- On March 12, 2023, I determined:
"In my decision of December 21, 2023, I allowed a social worker on behalf of the Authority to detail her opinion and determine the conditions under which the best interests of the children should be examined in the framework of the proceeding. This was not done. Instead, the respondent took the case for herself, and not for the first time in this proceeding, and submitted an additional response in which it was argued that no additional opinion was required.