המכרז כחזות הכול? חוק חובת המכרזים ומסגרות השמה חוץ ביתיות לבני נוער במצבי סיכון

This article discusses the implications of the Tender Law (1992) to the operation of residential care facilities under the supervision of the Israeli Welfare Office. We emphasize the consequences of outsourcing long-term care facilities for at-risk youth removed from their homes (due to abuse and neglect or criminal of fences), and the observed conflicts with the underlying rationale of Tender Law. We chose to focus on this topic because of the state’s obligation for at-risk youth: Based on the Care and Supervision law (1960), and the Judgment, Punishment, and Care law (1971) - the state should provide at-risk youth with constructive treatment that will justify their removal from home. Therefore, there are several important implications we discuss, including violation of the rights of the youth; reduced quality of care; modification of treatment sequences; loss of professional knowledge; focus on easy-to-quantify indices, rather than on indices for quality of therapeutic service; and loss of experiences personnel.These are discussed in the article. We examine these implications through the lens of children's rights, the convention on the rights of the child, and the right to participate,while offering several possible solutions for this situation. The main innovation of this article is in applying the principles of therapeutic law on the outsourcing of residential care facilities.