Should the child welfare authorities implement measures that you do not agree with?

Should assistance measures be put in place that you do not agree with?

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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.

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Are assistance measures voluntary? 

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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.

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What types of support measures can be put in place? 

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A distinction is made between compensatory, controlling, care-changing and parental support measures.

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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.

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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.

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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.

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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.

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Do parents have to attend the meeting with the CPS and explain themselves? 

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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.  

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How long can the child welfare authorities impose such measures? 

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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.

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What do I do if I don't want to accept the measure? 

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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. 

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However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.

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Am I entitled to free legal aid?

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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.