As a parent, navigating child welfare cases can be challenging. It is therefore important to be aware of your rights throughout the process. Here is an overview of key rights for parents when dealing with child welfare.
When child welfare services receive a report of concern, they consider whether there are grounds to initiate an investigation. Parents have the right to be informed about this process and to have their say. Child welfare services shall facilitate the participation of parents in the case.
As a party to a child welfare case, you generally have the right to access the case documents. This means that you can ask to read through the relevant papers in the case.
There are some exceptions, for example if access could hinder the investigation of the case or if the documents contain sensitive information about other people. If the child welfare service refuses you access, this must be justified in writing, and the decision can be appealed.
You have the right to be assisted by a lawyer at all stages of the case. In cases where child welfare services are considering compulsory measures, such as taking care of children, you are entitled to free legal aid regardless of income. This ensures that your rights are safeguarded in the best possible way.
After the child welfare service has completed its investigation, a decision is made that may involve closing the case or implementing measures. If you disagree with the decision, you have the right to appeal.
The complaint itself is sent to the child welfare service, which then reassesses the case. If the child welfare service maintains its decision, the complaint is forwarded to the state administrator for a final decision.
If a decision is made to take over care, you as a parent have the right to visitation with the child, unless otherwise decided. The Child Welfare and Health Board determines the extent of visitation based on what is considered to be in the best interests of the child.
The child also has rights in child welfare cases. Children who are capable of forming their own views have the right to participate in their own case. This means that the child has the right to receive information, to express their opinion and to be heard by the child welfare authorities. The child's opinions shall be given weight in accordance with their age and maturity.
Knowing your rights as a parent in child welfare cases is crucial to being able to protect both your own interests and your child's in the best possible way. If you feel unsure or have been treated unfairly, it may be a good idea to seek advice from an experienced child welfare lawyer .
Are you one of the parents who have been summoned to a meeting with the child protection services following a report of concern? In 2021, the child welfare services received 53 468 reports of concern. Investigation proceedings were opened in 41 933 of these.
According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.
All too often, the child welfare service initiate investigation proceedings without having assessed the seriousness and severity of the report. According to the Child Welfare Act, there must be circumstances that can provide grounds for measures under the Child Welfare Act in order to open an investigation case. In practice, this rule is rarely followed up. This is something the lawyer can challenge the CPS on. Remember that it is important to be confident when dealing with the CPS. If the case is serious or you feel unsafe, the recommendation is to have a lawyer with you. Prepare yourself well and make a strategy for what you want to communicate in the meeting with the CPS.
No, it will never be used against you if you bring a lawyer to the meeting with the CPS. According to the Public Administration Act, you have the right to have a lawyer with you in a meeting with the CPS.
No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your lawyer's fees if you are to attend the meeting with the CPS. You run the risk that the CPS will set a big machine in motion if you do not show up at the appointed time. Insa lawyers are available to talk to you on the phone, at no cost to you.
Even if the parents do not have a duty to explain themselves, the child protection services have the right to have a private interview with the child. Even if you are not entitled to this, you can ask for someone you trust to attend this meeting, or you can ask for the interview to be recorded on tape.
No! The child welfare service have a practice where they all too often ask for a waiver of confidentiality. As parents, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. Therefore, it may be a good idea to challenge the child welfare authorities before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes. So the general rule should be that you do not sign, but rather give the CPS access to the information they need. The CPS does not normally need access to your medical records for the last 10 years.
However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.
In investigation cases, you are generally not entitled to free legal aid. However, you can make the meeting with the CPS conditional on them covering your legal costs.
You are entitled to free legal aid if your child is placed in an emergency placement or taken into care.
Please contact us at Insa advokater if you have any questions regarding a meeting with the child protection services. It does not cost you anything to contact us!
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