Child protection lawyer

Growing up in harmful conditions can have long-term consequences. In Norway, there are opportunities to seek compensation for lost childhood if public authorities have failed in their responsibilities. Here is an overview of what this entails and how you can proceed:

‍

What is compensation for lost childhood?

Compensation for lost childhood is provided to people who have experienced neglect, abuse or other serious circumstances during their childhood, where public authorities, such as child welfare services or schools, have failed to intervene or have acted negligently. This may include a lack of protection against violence, abuse or serious neglect.

‍

When can you claim compensation?

To be entitled to compensation, the following conditions must be met:

• Knowledge of the conditions: Public authorities knew or should have known about the harmful conditions.
• Lack of intervention: The authorities have failed to take necessary measures to protect the child.
• Harm caused: The lack of intervention has resulted in physical or psychological harm to the person affected.

‍

How to proceed to seek compensation?

1. Document your experiences: Collect all available documentation that supports your experiences, such as journals, reports, and witness statements.
2. Seek legal assistance: Contact an attorney with experience in tort law to get guidance on your rights and options.
3. Consider the statute of limitations: Be aware that there are statutes of limitations for filing claims. These deadlines can vary, and it is important to act as soon as possible.
4. Submitting a claim: The lawyer will help you draft and submit your compensation claim to the appropriate authority.

‍

Alternative compensation arrangements

In addition to ordinary compensation claims, there are special schemes, such as redress. This is a state compensation scheme for those who have experienced serious abuse or neglect, and where other compensation schemes are not adequate. To apply for redress, you must document the incidents and show that other compensation options have been exhausted.

‍

Important considerations

• Proof requirement: A preponderance of the evidence is required to prove that the alleged events took place. This means that it must be more likely that the events occurred than that they did not.
• Statute of limitations: Although there are statutes of limitations, these can in some cases be extended if you only became aware of the damages and their cause as an adult.

Seeking compensation for lost childhood can be a demanding process, both legally and emotionally. With the right guidance and support, you can get the compensation you are entitled to. Contact Insa lawyers .

‍

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:

‍

1. Understand the role of child welfare services

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.

‍

2. Consider the basis for the lawsuit

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.

‍

3. Explore complaint options

Before you file a lawsuit, you should make use of the available complaint options:

• Complaint to child welfare: Start by sending a written complaint to the relevant child welfare service. Describe your concerns and request a review of the case.
• Complaint to the State Administrator: If you do not receive a satisfactory response from the child welfare service, you can complain to the State Administrator in your county. They supervise the child welfare service's activities and handle complaints about the case processing.

‍

4. Seek legal assistance

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.

‍

5. Prepare the lawsuit

In collaboration with your lawyer, you should:

• Collect documentation: Obtain all relevant documentation, including correspondence with child welfare services, decisions, reports, and other evidence.
• Drafting a writ of summons: The lawyer will draft a writ of summons that outlines your claims and the basis for the lawsuit.

‍

6. Be prepared for the legal process

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.

‍

7. Consider alternative solutions

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.

‍

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:

• 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.

‍

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.

‍

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.