The Competent Court in Disputes Concerning the Order Removing the Foster Family Status
ISTANBUL HUKUK MECMUASI, cilt.84, sa.1, ss.393-409, 2026 (ESCI, TRDizin)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 84 Sayı: 1
- Basım Tarihi: 2026
- Doi Numarası: 10.26650/mecmua.2026.84.1.0005
- Dergi Adı: ISTANBUL HUKUK MECMUASI
- Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
- Sayfa Sayıları: ss.393-409
- İstanbul Üniversitesi Adresli: Evet
Özet
Fosterfamily services constitute one ofthe care models available for children who are removed from their biological families pursuant to a care measure. Individuals wishing to provide foster care must first obtain foster family status, which is conferred by the administration. Upon the occurrence of certain circumstances, the administration may decide to remove this status. However, individuals whose foster family status has been revoked bring an adminis trative action forthe annulment. Administrative courts hold thatthe competentjurisdiction is the civil judiciary, and the civil courts rule that the competent jurisdiction is the administrative judiciary. As a result, litigation concerning jurisdictional competence has, in numerous cases, remained unresolved foryears. This study examines the approach of the Council of State, with specific emphasis on the reasoning set out in the decision of the Plenary Session of the Administrative Law Chambers in 2015, which represents the general approach of the administrative judiciary. In this context, the decisions of the Court of Jurisdictional Disputes between 2023 and 2025 are also evaluated. Administrative courts have generally reasoned that the order removing foster family status produces legal consequences within the field of private law and have therefore held that the civil courts are competent to resolve the dispute. This approach, however, is not wellfounded. Foster family services do not generate consequences solely within the realm of private law; rather, they are primarily regulated by, and situated within, public law. Consequently, disputes concerning the orders removing the foster family status must fall under the jurisdiction of the administrative judiciary. The jurisprudence of the Court of Jurisdictional Disputes likewise supports this conclusion.