When the child protection service considers taking over the care of a child, it is based on strict criteria laid down in the Child Protection Act. The purpose is to ensure the best interests of the child and protect it from serious neglect.
Proceedings in the event of a report of concern
The process often starts with a report of concern from a person who is worried about the child's situation. The Child Protection Service is then obliged to review the report within a week to assess whether there are grounds for further investigation. If there is reasonable reason to assume that the child is living in conditions that could harm their health or development, an investigation is initiated. The threshold for initiating an investigation is low.
The investigation phase
In the investigation phase, the child welfare agency collects information about the child's care situation. This may involve conversations with the child, the parents and other relevant people, as well as home visits. The examination must be thorough, but at the same time gentle, and must normally be completed within three months.
Possible outcomes of the survey
After the investigation, the child protection agency can conclude that:
Conditions for taking over care
In order for the child welfare services to be able to take over the care of a child without the parents' consent, there are strict conditions that must be met:
Before taking over care can be decided, it must be assessed whether it is possible to achieve a satisfactory care situation through voluntary assistance measures. Care takeover must only be used when less invasive measures are not sufficient.
The decision-making process
It is the child welfare and health board that makes decisions about taking over care. Parents have the right to legal assistance during the process, and children over the age of 15 have party rights and thus also the right to legal assistance. The tribunal assesses whether the conditions for taking over care have been met. What is decisive for any assessment made in child welfare cases is what is in the best interest of the child in the specific situation.
Emergency decision
In situations where there is a risk that the child will suffer significant damage if measures are not taken immediately, the child protection service can make a temporary emergency decision to take over care. This decision can be appealed. The parents and children who have reached the age of 15 have the right to legal assistance in the appeal process.
After taking over care
When care has been taken over, the child is usually placed in a foster home or in an institution. The parents retain parental responsibility, but the childcare service has day-to-day care. Emphasis is placed on maintaining contact between the child and the parents through visitation, unless this is considered harmful to the child.
Return of care
The parents can later apply for the return of care. For this to happen, it must be overwhelmingly likely that the parents can provide the child with proper care. Child welfare services have a duty to regularly assess return and assist the parents in achieving the necessary changes. Twelve months must elapse from the time the taking over of care takes place, until an assessment of the question of restitution can be demanded for the first time.
Taking over care is a serious and invasive measure that is only used when the child's health or development is in serious danger, and less invasive measures are not sufficient. Child protection must always act in the child's best interests and in accordance with the law's strict conditions.
If the child protection service is considering taking over the care of your child, or has already done so, it may be a good idea to contact a child protection lawyer who can represent you as parents or the child if he has reached the age of 15. The lawyer can contribute with his experience and knowledge of how the case should be handled in the best possible way, while at the same time ensuring your rights. A lawyer can also act as a supporter in a challenging time and as an adviser who helps the child welfare services to get a balanced and correct impression of the family situation.
Insa lawyers regularly assist both parents and children aged 14-15 in connection with their child protection case. Get in touch if you need a lawyer.
Children have the right to express their views and participate in any matter concerning them. This right is a human right enshrined in section 104 of the Norwegian Constitution, Article 12 of the Convention on the Rights of the Child and section 1-4 of the Child Welfare Act. In child protection cases, children's views and opinions are an important basis for the decisions of the child welfare services, the Child Welfare and Health Board and the courts. Furthermore, this right ensures respect for the child's integrity and dignity.
A child who is capable of forming his or her own opinions has the right to participate in all matters concerning the child under this Act. Children have the right to express their views to the child welfare authorities without the consent of their parents and without informing the parents of the interview in advance. The child shall receive adequate and appropriate information and has the right to freely express his or her views. The child shall be listened to and the child's opinions shall be given due weight in accordance with the child's age and maturity.
According to the preparatory works, the child has an independent and unconditional right, but not an obligation, to participate. The child should receive adequate and appropriate information and has the right to express his or her views freely.
Furthermore, it follows from the preparatory works that it is up to the body that is to make the decision to ensure that the child has been informed of the right to be heard and that the child in question is actually given the opportunity to express his or her views. It is the same body that is responsible for assessing how such an interview should be conducted and organized. A spokesperson may be appointed, but the child may also speak before the tribunal, a judge or an expert who may be involved in the case.
According to the law, the child's opinion should be given weight in accordance with the child's age and maturity.
It is a procedural error if the child is not given the opportunity to be heard and this error can lead to a judicial decision being overturned.
It follows from section 12-3 of the Child Welfare Act that if the child has reached the age of 15 and understands what the case concerns, he or she may act as a party to the case and thereby assert party rights. If the interests of the child so require, the Board may also grant a child under the age of 15 the right to be a party.
In cases concerning children with behavioral problems or measures for children who may be victims of trafficking, the child should always be considered as a party.
You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.
Has your neighbor caught you smoking hashish at a house party you had and sent a report of concern to the CPS? Read more about the case and our tips on how to deal with the CPS.
Parents will be invited to a meeting with the child welfare services following a report of concern about drug use. It follows from the Child Welfare Act that circumstances that may provide grounds for measures under the Child Welfare Act are sufficient to open an investigation. The use of narcotic substances, such as hashish, will result in an investigation.
As a parent, you have no obligation to explain yourself to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer rather than not showing up.
The child welfare service will normally ask you to provide a cannabis and urine sample. THC acid can be detected in urine from a few days to three months after you have stopped using cannabis. The purpose of the test is to find out your pattern of use.
You are not obliged to accept such a request from the CPS. If you have smoked at a party, there is little basis for requesting a cannabis sample. As the measure is considered particularly invasive, the child welfare service must have a strong suspicion of substance abuse if urine samples are to be ordered. Challenge the child welfare service if they demand a cannabis sample. However, you must consider the totality of the concern the CPS has before deciding whether to say yes or no.
The severity depends on whether your cannabis use has affected your children. In our experience, if you have smoked once in a while, without your children being present, this rarely results in intervention by the child welfare authorities. If you use drugs extensively and are considered addicted, it will often be considered abuse. Such abuse may lead to intervention by child welfare services.
If you accept that you have used hashish, this will be recorded. This may be self-incriminating, as the CPS may choose to report this to the police. The CPS does not normally report individual incidents to the police. However, it is stupid to withhold and lie to the CPS about the use of cannabis if it is obvious that you have used it. It can then be used against you. Use a lawyer to create a strategy for what to communicate and how to communicate it.
Even if the parents do not have a duty to explain, the CPS has the right to have a private interview with the child. Even if you are not entitled to this, you can ask for a person you trust to attend this private meeting, or you can ask for the conversation to be recorded on tape.
No! The child welfare service has a practice where they all too often ask for a waiver of confidentiality. As a parent, 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. In cases where hashish is suspected as an individual incident, we do not see the purpose of lifting confidentiality. Therefore, it may be wise to challenge the CPS 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.
In investigation cases, you are not generally entitled to free legal aid. However, you can make it a condition of your meeting with the CPS that they cover your legal fees. You run the risk of the CPS setting in motion a major process if you do not appear at the agreed time. Therefore, make sure to meet with the CPS, regardless of whether you have a lawyer with you or not. Insa lawyers are available for a short conversation on the phone, at no cost to you. Contact us on 21 09 02 02 or here.
When the child welfare authorities make a decision to take a child into care, you must be consulted about the choice of foster home. Use a lawyer who can ensure that you are heard about your wishes regarding where the child should be placed. The child welfare authorities often do not follow your wishes and place children with completely unknown people, even if there are suitable alternatives in close family.
Yes, according to section 4, first second paragraph of the Foster Home Regulations, the child welfare service must "always" assess whether someone in the child's family or close network can be chosen as a foster home. Furthermore, your opinion must be included in the child welfare service's assessment. If your opinion has not been heard, you can complain to The Parliamentary Ombud.
Yes, other families can also be considered as foster homes.
According to section 5 of the Foster Home Regulations, the foster home should consist of two foster parents. Single parents may be chosen if the child welfare service finds that this would be in the best interests of the child in question.
If the child welfare service do not wish to place the child in the foster home you have proposed, it is important that a claim for a specific foster home placement is brought before the county social welfare board. The board can assess whether the people you have proposed are suitable as foster parents.
The claim for a specific foster home must be submitted and decided in the same case as the case concerning the takeover of care. If the board does not deal with this case, the district court will not do so either. Make sure you have a lawyer who knows this process, as there is often a slip-up here.
The Foster Home Regulations set out general requirements for foster parents. It states that a foster parent must have the ability, time and energy to give children a safe and good home. A stable life situation, generally good health and good cooperation skills. They must also have finances, housing and a social network that gives children the opportunity to develop their lives.
These requirements may be waived somewhat if it is undoubtedly in the child's best interests to be placed with a particular family or network. Challenge the child welfare service on this before you settle for the child welfare service's choice!
The child welfare service will need to ensure that the family will be able to cope with the dual role and the possible conflict of loyalties inherent in being both a family or close network and a foster home.
Do you have any questions? Contact us for a for a non-binding chat.
Under Section 5-7 of the Child Welfare Act, parents who have been deprived of custody of their children have the possibility to request that the decision be revoked; in other words, to demand that they regain custody of their children.
Under the law, the authorities are obliged to revoke a decision to take achildinto care as soon as it is "highly probable that the parents can provide the child with proper care". This obligation is in accordance with ECHR Art. 8(2) which requires that only necessary interventions can be legitimized.
However, even if the probability requirement is met, the law states that return shall nevertheless not take place if the child "has become so attached to the people and environment where he or she is that relocation may lead to serious problems for the child if he or she is relocated". "Serious problems" means that the adaptation problems in the event of a return must be of a certain strength, and something beyond what would be normal in the event of a return.
The question of return must be addressed to the parent or parents who have custody of the child in accordance with the rules of the Children Act, and the claim can be made if the case has not been dealt with in the last 12 months.
In order to provide peace and stability for the child, the law contains an important limit on the right to request a review of the return issue more than once. If the Child Welfare and Health Board or the courts have decided that the child should not be returned because it could cause serious problems for the child to be returned, the issue cannot be re-examined by the Board or the courts unless there is a "significant change in the child's situation". A significant change could be, for example, that the foster home terminates its agreement.
As usual, the child's opinion should be given weight in such cases, but in a return case the foster parents also have the right to be heard.
You are entitled to free legal aid if the tribunal or court is hearing your case for reinstatement.
You can contact Insa lawyers if you have any questions, at no cost to you.
Conversation process is a form of treatment in child protection cases, offered by the county social welfare board (the Board) as an alternative to a negotiation meeting. The aim is to bring about a constructive discussion between the parties to the case and reach an agreement without a negotiation meeting, which is more time- and resource-intensive and can be perceived as more stressful. All parties must consent to the interview process in order for it to take place. This form of treatment is therefore only relevant in cases where the parties agree that it may be appropriate in the case.
The Tribunal invites the parties to a meeting which takes place in a much less formal setting than a regular hearing. The meeting is attended by the parties, with their respective lawyers, and two members of the Tribunal: a chairperson and an expert. The role of the chairperson and the expert is to help the parties reach a solution. The chairperson should act objectively and neutrally during the discussion meeting.
The child is entitled to be present at the interview. The child has the right to be accompanied by a person of trust and the right to be heard. Alternatively, the child's opinion can be heard through a spokesperson or by the child speaking directly to the Board.
The private party must be represented by a lawyer during the interview process. The private parties are entitled to free legal aid and can choose their own lawyer.
Through the interview process, the parties can explore the possibility of finding voluntary solutions in the best interests of the child. For example, they may agree to try different support measures for a period of time or other temporary solutions in the best interests of the child. It is possible to have several meetings in a case to try different solutions. If no agreement can be reached through the interview process, the Board will schedule a negotiation meeting.
The discussion process can help to improve communication between the parties and, in the best case scenario, can help to find flexible and appropriate solutions in the best interests of the child.
Talk to one of our experienced lawyers to see if the interlocutory process could be relevant to your case - contact us for a no-obligation chat here.
Has the CPS decided to initiate assistance measures and you feel you have no choice? Be skeptical and ask questions! Bring a lawyer with you to the meeting where the decision is made. It may not always be the right thing to do, that it suits you and your family, or that the conditions of the law are met. You can ask the Child Welfare and Health Board to assess whether it is appropriate to impose measures.
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.
The main rule is that assistance measures pursuant to section 3-1 shall be voluntary. It may nevertheless be decided that certain measures must be implemented by order. This means that the parents cannot oppose the measure. Very often, the CPS gives the impression that if you do not accept the support measures, they have no choice but to impose them on you. Be critical and take the case to the county administrative board if you disagree.
A distinction is made between compensatory, controlling, care-changing and parental support measures.
Compensatory measures
The aim of compensatory measures is to alleviate the family's or child's care situation.
In addition to stays in kindergarten or other suitable day care facilities, stays in a visiting home or respite care, homework help, leisure activities, use of support contact or other similar measures can also be compensatory. These measures reduce stress for the child, as well as ensuring stimulation and participation in activities.
Control measures
The purpose of control measures is to ensure that children are not subjected to abuse or maltreatment. Examples of such measures include supervision, mandatory reporting and urine tests.
Care-changing measures
The aim of care-changing measures is to help parents to perform their care tasks in a way that results in positive development for the child. This type of intervention involves various forms of parental guidance, including stays in a center for parents and children, and targets the parents' ability to care. Examples of such measures are stays in family centers.
Parental support measures without the child's consent
Parental support measures can also be implemented for children who have shown serious behavioral difficulties. The aim is to reduce the child's behavioral difficulties. Such measures that do not have consent cannot be maintained for more than six months.
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 legal expenses if you are to attend the meeting with the CPS. You run the risk that the CPS will set a large machinery in motion if you do not show up as agreed. Insa lawyers are available for a chat if you have any questions, at no cost to you.
Measures may continue for up to one year, calculated from the time the decision was made. This does not apply to orders to attend kindergarten or other suitable day care. These measures have no time limit.
You should contact a lawyer if invasive measures are taken by the child welfare services. Do not accept the measures without consulting a lawyer. If no agreement is reached, the case must be sent to the Child Welfare and Health Board. According to the Child Welfare Act, the Board can make a decision on the imposition of remedial measures without holding a negotiation meeting. This means that the case is decided on the basis of the case documents. However, it is possible to request an oral hearing on whether measures should be taken.
However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.
In principle, you are not entitled to free legal aid for voluntary assistance measures. You are only entitled to legal assistance paid for by the state if assistance is ordered. However, it is recommended that you do not accept any assistance measures without consulting a lawyer. Demand that the child welfare services cover your costs. All too often, support measures are put in place without the parents challenging the child welfare services! Contact us for free advice before meeting with the child welfare services.
Get in touch and we'll find out what you need help with, free of charge!
Call us on 21 09 02 02
If it's not an emergency, kindly book a 15-minute video meeting with us by clicking this link
Urgent?
Call us on 21 09 02 02
Book time with us
Book time with us
Voice message via WhatsApp
.svg)
