Å motta en bekymringsmelding fra barnevernet kan være en belastende opplevelse for både foreldre og barn. Det er viktig å forstå prosessen og hvilke rettigheter du har dersom du ønsker å klage på en slik melding.
En bekymringsmelding er en melding til barnevernet fra en person eller instans som er bekymret for et barns omsorgssituasjon eller atferd. Barnevernet er forpliktet til å vurdere alle mottatte meldinger for å avgjøre om det er behov for videre undersøkelse.
Som forelder eller foresatt har du ikke formell klagerett på selve bekymringsmeldingen. Barnevernet har plikt til å vurdere alle meldinger de mottar, uavhengig av innhold eller avsender. Du har imidlertid rett til å bli informert om innholdet i meldingen og anledning til å uttale deg under barnevernets undersøkelse.
Når barnevernet mottar en bekymringsmelding, skal de innen en uke gjennomgå disse. Dersom det besluttes å gjennomføre en undersøkelse, vil barnevernet kontakte familien, gjennomføre hjemmebesøk og eventuelt innhente opplysninger fra andre instanser som skole eller helsevesen.
Hvis du er uenig i barnevernets vedtak etter en undersøkelse, har du rett til å klage. Klagen må fremsettes skriftlig eller muntlig til barneverntjenesten. Dersom barnevernet opprettholder sitt vedtak etter å ha vurdert klagen, vil saken bli oversendt til barnevernsnemnda for endelig avgjørelse.
Dersom du mener at bekymringsmeldingen er basert på falske eller grunnløse påstander, kan du anmelde forholdet til politiet. Det er viktig å dokumentere hvorfor du mener meldingen er falsk, slik at politiet kan vurdere saken på riktig grunnlag.
Å håndtere en bekymringsmelding fra barnevernet kan være utfordrende, men med riktig informasjon og støtte kan prosessen bli mer oversiktlig og rettferdig. Book et gratis møte med en av våre erfarne barnevernsadvokater.
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 .
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.
Suing child welfare is a serious and complex process that requires thorough preparation and an understanding of both legal rights and obligations. Here is a guide for individuals in Norway who are considering suing child welfare:
The primary task of child welfare services is to ensure that children and young people living in conditions that may harm their health and development receive the necessary help and care at the right time. They must also contribute to safe growing up conditions for all children and young people.
Before considering suing child welfare, it is important to identify specific errors or shortcomings in their case management or decisions. This may include violations of case management rules, failure to follow up, or incorrect decisions. Document all relevant events and gather evidence to support your claims.
Before you file a lawsuit, you should make use of the available complaint options:
Suing child welfare involves complex legal processes. It is therefore crucial to engage a lawyer with experience in child welfare cases. A lawyer can help you assess the strengths and weaknesses of your case, guide you through the process, and present your case effectively.
In collaboration with your lawyer, you should:
Once the lawsuit is filed, the case will be heard in the district court. Be prepared that the process can be time-consuming and emotionally taxing. It is important to have realistic expectations and be aware that the outcome may vary.
In some cases, mediation or negotiations with child welfare authorities can lead to a solution outside the court system. This can be less burdensome and lead to faster results.
Suing child welfare is a significant decision that requires careful consideration. By following these steps and seeking professional assistance, you can navigate the process in a way that serves both your interests and your child's.
If you need assistance in your child welfare case from one of our child welfare lawyers, you can contact us or book a meeting here.
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