Children

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.

Can grandparents, uncles, aunts and friends be foster parents?

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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.

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Can close family be considered as a foster home?

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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.

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Can someone other than close family be considered as a foster parent?

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Yes, other families can also be considered as foster homes.

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Do there have to be two foster parents?

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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.

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If the child welfare service refuses to place the child where you want, what then?

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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.

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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.

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What is required of foster parents?

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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.

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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!

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What is particularly important when placing a foster home with a close family?

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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.

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Do you have any questions? Contact us for a for a non-binding chat.

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Has anyone reported a concern to child welfare services because you have smoked hashish?

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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.

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First meeting with the child welfare service

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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.  

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Do you have a duty to explain in a meeting?

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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.

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What happens when CPS finds out I've been using hashish?

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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.

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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.

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How serious is it that the child welfare services have found out that you have used hashish?

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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.

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Should I accept having smoked hashish?

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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.  

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Can the CPS demand an interview with the child without the parents being present?

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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. 

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Do I have to lift the obligation of confidentiality?

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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.

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Am I entitled to free legal aid?

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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.