Children's rights

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.

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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.

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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.

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Possible outcomes of the survey

After the investigation, the child protection agency can conclude that:

• No action: If no worrisome conditions are discovered, the case is closed without further action.
• Voluntary aid measures: If there is a need for support, the child protection service can offer measures such as guidance, relief, institutional placement or other forms of assistance. These measures require parental consent.
• Behavioral measures: If the child has shown serious behavioral difficulties, the child protection agency can decide that the child should be placed in a child protection institution or in a foster home, against the child's and parents' consent. The child can also be placed in a child protection institution if necessary to meet the child's immediate needs for protection and care.
• Taking over care: In serious cases where the child's health or development is at risk, and voluntary measures are not considered sufficient, the child protection agency can file a case for taking over care before the Child Welfare and Health Board.
• Emergency decision : If there is a risk that the child will suffer significant damage if the decision is not implemented immediately, the child protection agency can make an emergency decision about taking over care and placement in a child welfare institution.

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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:

• Serious neglect: There must be serious deficiencies in the day-to-day care or in the personal contact and security the child needs in relation to his age and development.
• Lack of follow-up of special needs: The parents do not ensure that a sick, disabled or particularly needy child has his special needs for treatment and education met.
• Abuse or abuse: The child is exposed to abuse or other serious abuse in the home.
• Serious risk to the child's health or development: It is overwhelmingly likely that the child's health or development may be seriously damaged because the parents are unable to take sufficient responsibility for the child.

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.

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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.

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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.

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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.

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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.

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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.

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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.

As part of providing parents with advice and guidance, child welfare services often offer courses to strengthen parents' care skills. One of the most commonly used courses is the so-called Circle of Security (COS). This is a parental guidance course that aims to give parents the tools to better understand their children's needs, the signals they give, and what can be done to better meet these needs.

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The course focuses on the "Circle of Safety", which is designed to help parents recognize their children's need for support from their parents, both when they have difficult emotions and when they are exploring the world. There is also a focus on the importance of good interaction between parents and children, and its significance for how children develop secure emotional attachment. The course will provide parents with knowledge and tools to handle any difficult situations that may arise.

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The COS course will certainly give parents good knowledge and important tools they can take with them, but all too often we see that courses are offered that are not necessarily adapted to the situation the family is in. Even if the course itself is good, it will therefore provide little benefit if it is not the right measure at the right time. It is therefore important that you ask questions and make demands of the intervention the CPS wants to offer. Feel free to use a lawyer in your meeting with the CPS about this.

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Insa advokater can assist with advice and guidance prior to meetings with the child welfare authorities, and we can participate in the meetings if desired. Contact us for for free for a chat about your case!

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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.

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Section 1-4 of the Child Welfare Act states the following:

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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.

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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.

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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.

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According to the law, the child's opinion should be given weight in accordance with the child's age and maturity.

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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.

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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.

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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.

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Am I entitled to free legal aid? 

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You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.   

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