探討中南部地區監護權調查社工督導之服務現況與挑戰

離婚事件不僅是夫妻二人之間的問題，更意味著一個家庭結構性的永久改變，不僅是夫妻離婚，亦牽扯到監護權歸屬之問題，對未成年子女的利益影響深遠。我國現行民法規定，夫妻離婚後，法院就未成年子女監護權進行裁判時，應依子女之最佳利益，審酌民法1055-1 條所列舉之一切情狀，並得參考社工人員之訪視報告及列舉機關和專業人士的調查結果，作為監護權裁判的依據。而監護權調查業務的社工督導，須身兼監調社工的督責、指導與增權角色，亦須擔負監調報告品質的檢核者和法院之聯繫窗口，可謂身兼多職，其肩負之功能與面臨的困境種類繁多，是亟待探討和解決的議題。因此本研究的目的是為了瞭解社工督導於現行監護權調查實務運作現況及所面臨的挑戰，並探討監護權調查社工督導於監護權調查服務中的角色與功能，期盼提出對於監調業務現行模式的建議，以制定相關作業規範。研究方法採質性研究方法，使用立意取樣，以年資滿兩年以上之中南部執行法院交付監護權訪視的社工督導及社工為研究對象，資料蒐集採半結構式深度個別訪談，讓受訪者分享監調工作實務經驗，以瞭解監調社工督導服務現況及挑戰。本研究發現，監護權調查社工督導之服務現況與挑戰為：1.業務型態造成監調社工督導角色多重2.監調社工進用條件與資格無明確規範3.監調社工督導須連結業外人際資源4.監調社工督導須善盡行政、教育及情緒支持職責5.與司法端的合作模式尚未建立共識。其中，在監護權業務的現行議題中有：監調業務預算樽節，削弱社工執業意願；分區訪視使監護權的評估不易；以及部份主管機關未予訪視單位獨立調查的尊重。最後，根據研究結果提出下列建議：1.建立專職專任及兼職人力雙軌制2.設立完善聘用人力資格及訓練制度3.建立合理的薪資結構及預算，以提升服務品質，並穩定人力4.家事法院及司法人員敞開大門與監調訪視單位互通有無等具體建議。

關鍵字

監護權；監護權調查訪視；監調社工督導

並列摘要

Divorce is not only a problem between husband and wife, but also permanent in the structure of a family. It is not only a divorce of husband and wife, but also involves the ownership of custody, which has a far-reaching impact on the interests of minor children. According to the current civil law of our country, when the court judges the custody of minor children after divorce, it shall consider all the circumstances listed in article 1055-1 of the civil law according to the best interests of the children, and may refer to the visit report of social workers and the investigation results of listed agencies and professionals as the basis for the custody judgment.The supervisors for custody investigation social workers business must also play the role of supervision, guidance and empowerment of the custody investigation social worker, and also be the contact window between the inspector of the quality of the supervision and investigation report and the court. It can be said that he has multiple roles, and the functions he shoulders and the difficulties he faces are various. It is an issue that needs to be discussed and solved. Therefore,the purpose of this study is to understand the current situation and challenges faced by the supervisors for custody investigation social workers in the current custody investigation practice, and to explore the role and function of the social worker supervision in the custody investigation service. It is expected to put forward suggestions on the current mode of the supervision and investigation business, so as to formulate relevant operational specifications.The research method adopts the qualitative research method and uses the purposive sampling. The social worker supervisors and social workers who have more than two years of experience in the central and southern executive courts for custody visits are taken as the research objects. The data are collected through semi-structured in-depth individual interviews, so that the interviewees can share the practical experience of the supervision work, so as to understand the current situation and challenges of the custody investigation social workers service. This study finds that the current situation and challenges for custody investigation social workers are as follows: 1.The business type leads to multiple supervisory roles of social workers. 2.The conditions and qualifications of social workers in custody investigation are not clearly regulated. 3.Supervisors for custody investigation social workers must be linked with outside human resources. 4. Supervisors for custody investigation social workers should perform their duties of administration, education and emotional support. 5.No consensus has been reached on the cooperation mode with the judiciary. Among them, the current issues of custody business include: A bottleneck in the business budget of guardianship investigation has weakened the willingness of social workers to practice, separate regional visits make the assessment of custody difficult, and some competent authorities did not respect the independent investigation of the custody investigation visit units. Finally, based on the research results, the following suggestions are put forward: 1. Establish a dual track system of full-time and part-time personnel. 2.Establish and improve the qualification and training system for employing personnel.3.Establish a reasonable salary structure and budget to improve service quality and stabilize manpower.4.The family court and judicial personnel should open the door to exchange what they need with the supervision, investigation and visit units.