Norwegian Child Welfare Services Explained

The Norwegian Child Welfare Services (Norwegian: Barnevernet, literally "child protection") is the public agency responsible for child welfare in Norway. They consist of services in each municipality, which are aided and supervised by different governmental bodies at the state as well as the county level.

The Child Welfare Services’ statutory obligation is "to ensure that children and youth who live in conditions that may be detrimental to their health and development receive the necessary assistance and care at the right time."[1] Roughly 3% of all children in Norway receive some sort of measure from the Child Welfare Services, most of them in the form of relief measures to the child and its parents (such as counselling, advice, external support contacts, access to day care etc.).[2] In about one quarter of the cases, the children are placed outside their homes (mainly in foster families or institutions) after care orders.

Organisation

The Norwegian Child Welfare Services were established and regulated under the terms of the Child Welfare Act of 1992,[3] which has the purpose "to ensure that children and youth who live in conditions that may be detrimental to their health and development receive the necessary assistance and care at the right time," and "to help ensure children and youth grow up in a secure environment".[1]

The Ministry of Children and Equality (Norwegian Barne- og likestillingsdepartementet, abbreviated BLD) holds the chief jurisdiction over child welfare issues[4] and is responsible for developing regulations and guidelines, but is not involved in individual cases.[5]

Each of the Norwegian municipality is obliged to have Child Welfare Services.[6] These are responsible for the local and year-to-year implementation of the Child Welfare Act (such as preventive work, investigation, support service, approval of foster families, follow-up of children placed in foster families or institutions).[6] This "municipal child welfare" is aided by two agencies that constitute the "governmental child welfare":

In addition, the following bodies at the county level are involved in child welfare:

Support and assistance

The Child Welfare Services are responsible for implementing measures for children and their families in situations where there are special needs in relation to the home environment. Assistance may be provided as counselling, advisory services, and aid measures, including external support contacts, relief measures in the home, and access to day care.[10]

Under the guidelines of the Norwegian Child Welfare Services, children are entitled to participate in decisions involving their personal welfare, and have the right to state their views in accordance with their age and level of maturity.[11] This applies especially in cases where there are administrative and legal proceedings that will strongly affect the children's day-to-day lives.

Duties

The Child Welfare Services are required to take action if measures implemented in the home environment are not sufficient to safeguard the child's needs. In such cases, the Child Welfare Service may place children under foster care in consultation with the parents, in a child welfare institution, or introduce specific parent–child measures.[12]

Removing a child from the home without parental consent is a measure of last resort in cases of (justifiable suspicion of) serious neglect, maltreatment, violence, abuse, trafficking etc.[13] This requires a decision from the County Social Welfare Board on the basis of a recommendation submitted by the municipal authorities.[14] In urgent cases (i.e. imminent danger for the physical or mental health of the child), the municipal welfare services are entitled (and obliged) to issue a provisional care order.[15] Provisional care orders expire after six weeks unless they are confirmed by the County Social Welfare Board. Decisions taken by the County Social Welfare Board may only be overturned by the courts.[16]

The municipal Child Welfare Services are charged with monitoring the development of children who have been placed in care outside their homes as well as their parents.[17]

Child Welfare Service employees are privy to a large amount of personal client information, and must comply with strict rules of confidentiality. However, information may be provided to other administrative agencies when this is necessary for carrying out child welfare service tasks.[18]

Statistics

According to figures provided by Statistics Norway, 36,800 children received measures from the Norwegian Child Welfare Services at the end of 2015. This means that 2.9% of all children in Norway received some sort of measure. Of these, 12% were aged 0–2 years, 23% 3–5 years, 30% 6–12 years, and 35% 13–17 years. In addition, 6,800 young people aged 18–22 years (1.1% of their age class) received follow-up care.

60% of the 36,800 children received support measures within their families. 16% received support measures while placed outside their homes with the consent of their parents. In the remainder 24% of the cases, children were placed outside their homes after care orders. Of the 14,850 children living outside their homes by the end of 2015, 72% lived in foster families, 14% were old enough to live by themselves with follow-up from the Child Welfare Services, and 8% were taken care of in institutions, while 5% where temporarily placed in private homes awaiting other solutions.

The main reasons for measures (both support measures and care measures) were lacking parenting skills (29%), parents’ mental problems (17%), high domestic conflict level (11%) and parents' drug misuse (8%).

Statistics Norway has also published some figures according to immigration status:[19] while 2.2% of all children with Norwegian parents received measures, the corresponding figures were 3.2% for children born in Norway by immigrant parents, and 4.9% for immigrant children. The latter group includes minor asylum seekers arriving without parents.

National and international criticism

The Norwegian Child Welfare Services are periodically the subject of public criticism, generally on two main issues. On the one hand, they are criticised for detecting too few cases of parental neglect and helping children too late (i.e., for having a too high threshold for taking action). On the other hand, they are criticised for taking over custody too easily (i.e., for having a too low threshold for taking action).[20] [21] Taken together, the overall criticism is that the service is slow to take action but heavy handed when it does.[22] [23] [24] Due to their duty of confidentiality, the Norwegian Child Welfare Services themselves cannot participate in public debates of single cases.

The Norwegian Child Welfare Services are obliged to ensure the well-being of all children residing in Norway, irrespective of their (or their parents’) nationality.[25] While Norwegian legislation, following the United Nations Convention on the Rights of the Child, treats children as legal subjects in their own rights, some cultures regard children as the sole responsibility of the family. In several cases, therefore, culture clashes seem to exacerbate conflicts between the Child Welfare Services and immigrant parents.[26] [27] Children with a foreign mother are four times more likely than other children in Norway to be forcibly taken from their families and the number of children taken into emergency care rose by 50% in just 5 years (from 2008 to 2013) with the commonest reason for a care order now being simply "lack of parenting skills".[28]

The European Court of Human Rights (ECtHR) have by 2019 accepted twenty six separate hearings against Norway for the activity of its Child Welfare agency since December 2015.[29] The ECHR rendered a judgement in one of these cases on the 7th of September, 2017 with a judgement of "No violation of Article 8".[30] However, on the 10th of September 2019, the Grand Chamber found a violation of Article 8 (the right to respect for family life) on account of shortcomings in the decision-making process leading to the adoption of a boy who had been placed in foster care in the judgment of Strand Lobben and Others v. Norway.[31]

On 1 July 2021, in three more cases, Norway was convicted in ECtHR. Two of the cases dealt with limited visitation while child was placed with foster parents - and in one of those cases, the mother was only permitted to see her child, four times per year; the third case dealt with a forced adoption.[67]

In popular culture

Relevant legislation

External links

Notes and References

  1. [#cwa|Child Welfare Act]
  2. Web site: Child welfare, 2015 . T. Dyrhaug . 1 July 2016 . Statistics Norway . 12 August 2016.
  3. [#cwa|Child Welfare Act]
  4. [#cwa|Child Welfare Act]
  5. [#cwa|Child Welfare Act]
  6. [#cwa|Child Welfare Act]
  7. Web site: About us . 29 March 2016 . The Norwegian Directorate for Children, Youth and Family Affairs . 12 August 2016.
  8. [#cwa|Child Welfare Act]
  9. [#cwa|Child Welfare Act]
  10. [#cwa|Child Welfare Act]
  11. [#cwa|Child Welfare Act]
  12. [#cwa|Child Welfare Act]
  13. [#cwa|Child Welfare Act]
  14. [#cwa|Child Welfare Act]
  15. [#cwa|Child Welfare Act]
  16. [#cwa|Child Welfare Act]
  17. [#cwa|Child Welfare Act]
  18. [#cwa|Child Welfare Act]
  19. Web site: Kvart fjerde barn i barnevernet har innvandrarbakgrunn . no . One out of four children in child welfare has an immigrant background . T. Dyrhaug . 1 July 2016 . Statistics Norway . 12 August 2016.
  20. Brodin . E. . 2000-05-05 . Barnevernet og menneskerettighetene . The Child Welfare Services and human rights . no . Morgenbladet . 2016-10-12 . https://web.archive.org/web/20190427211640/https://morgenbladet.no/2000/05/barnevernet-og-menneskerettighetene . 2019-04-27 . dead .
  21. Thune . G. H. . 2012-03-23 . Hva kan gjøres? . What can be done? . no . Morgenbladet . 21 . 2016-10-12 . https://web.archive.org/web/20190427213444/https://morgenbladet.no/ideer/2012/hva_kan_gjores . 2019-04-27 . dead .
  22. Web site: Svikter barna som trenger det mest . Frøjd . E. K. . 2008-04-01 . forskning.no . no . Fails the children who need it most . 2016-10-12.
  23. News: Herseth . S. K. . 2012-02-16 . Barn må i vente i tre år før barnevernet griper inn . Children have to wait for three years before the Norwegian Child Welfare Services intervene . no . Dagbladet . Oslo . 2016-10-12.
  24. Horne . Solveig . 2015-07-04 . Barnets beste må alltid komme først . The best for the child always has to have the first priority . no . Stavanger Aftenblad . 2016-10-12.
  25. [#cwa|Child Welfare Act]
  26. Manum . O. A. . 2015 . Innvandrernes utfordringer til norsk barnevern . Immigrants’ challenges to the Norwegian child welfare services . no . Norges Barnevern . 92 . 2 . 140–146 . 10.18261/ISSN1891-1838-2015-02-06 . 2016-10-12.
  27. Bajoghli . S. . 2016-06-25 . Barnevernet tar barna dine . The Child Welfare Services take your children . no . Adresseavisen . Ukeadressa . Trondheim . 4–10 .
  28. News: Norway's Barnevernet: They took our four children… then the baby. Whewell. Tim. 2016-04-14. BBC News. 2017-05-16. en-GB.
  29. Web site: EMD dumper 16 saker på Norge samtidig. rett24.no. no-NB. 2019-07-12.
  30. http://hudoc.echr.coe.int/eng-press?i=003-5827670-7423445 Judgments and decisions of 7 September 2017
  31. Web site: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-195909%22} CASE OF STRAND LOBBEN AND OTHERS v. NORWAY ]. European Court of Human Rights . 30 October 2019.
  32. News: Krokfjord . T. P. . 2014-11-30 . - Norge bortfører våre barn slik at de kan løse sine egne befolkningsproblemer . ‘Norways abducts our children in order to solve their own demographic problems’ . no . Dagbladet . Oslo . 2016-10-12.
  33. News: 1,3 milliarder til barnevernsbarn . 14 April 2010 . . 1.3 billion to child welfare children . no.
  34. Book: Pettersen, Karen-Sofie . Kommunale oppreisningsordninger for tidligere barnevernsbarn: Resultater fra en kartleggingsstudie . 2010 . Oslo . 978-82-8182-004-3 . Municipal redress schemes for former children in care: Results from a survey study . no.
  35. News: India steps up pressure on Norway for release of NRI children. 24 January 2012. Indian Express. 23 January 2012.
  36. Web site: Indisk spesialutsending møtte Støre om barnevernssak . . 12 February 2012 . 27 December 2014 . Ervic, Kristian . Indian envoy met Minister about child care . no.
  37. News: Holthe . K.H . 2012-01-23 . Diplomatisk drakamp etter barnevernsak i Stavanger . no . TV2 . Bergen . 2017-03-26.
  38. News: Norway custody row: Top 10 developments . 23 February 2012 . NDTV . 23 February 2012.
  39. News: Polish Rambo rescues kid from foster care . 9 November 2011 . . 27 December 2014.
  40. News: En russisk kvinne prøver å hente sønnen fra Norge og bort fra sin eks mann som hun mistenker for pedofili.. Hra-n.no.
  41. News: Polski sąd zdecydował: Nikola Rybka zostanie w Polsce . ? . pl . 12 December 2011 . 1 June 2015.
  42. News: Czarnecki . Maciej . 13 May 2015 . Dlaczego Norwegowie odbierają dzieci Polakom? . ? . pl . Gazeta Wyborcza . Warsaw . 2016-10-30.
  43. News: Mæland . Kjetil . I Tsjekkia sier de: 'Ikke dra til Norge. Der tar de barna dine' . In the Czech Republic they say: 'Don't go to Norway, they will take your children' . no . Nettavisen . 2014-12-21.
  44. Web site: Češka, které Norsko odebralo dvě děti, neuspěla ani ve Štrasburku . Idnes . 4 November 2014 . 27 December 2014 . Z pravy . ? . cs.
  45. News: Zeman přirovnal norský pěstounský systém k nacistickému programu Lebensborn. Hospodářské noviny. 8 February 2015. cs-CZ.
  46. Web site: Z pravy . Jsem připraven intervenovat kvůli dětem v Norsku, uvedl prezident . CZ . Idnes . 4 December 2014 . 27 December 2014 . I am ready to intervene because of the children in Norway, said the president . cs.
  47. Web site: Z pravy . Vraťte odebrané děti do Česka, vyzve Zaorálek diplomatickou nótou Oslo . Idnes . 18 December 2014 . 27 December 2014 . Return the removed children to Czech Republic, Zaorálek will appeal to Oslo in a diplomatic note . cs.
  48. Web site: Chalánková (TOP 09): Jde o život dvou nevinných dětí, které nemohou vyrůstat se svojí matkou . ? . cs . Parlamentnilisty . 11 November 2014 . 11 June 2015.
  49. Web site: Čeští europoslanci zahájili sbírku na návrat českých dětí zadržovaných v Norsku . ? . cs . 12 November 2014 . Reflex . 11 June 2015.
  50. Web site: Child welfare in Norway . Wayback Machine Norwegian Embassy . Prague . 2015-01-20 . https://web.archive.org/web/20150121125259/http://www.noramb.cz/Norsk/ambassaden/Pressemeldinger/Child-welfare-in-Norway-and-the-Michalak-boys/ . 2016-10-30. 2015-01-21 .
  51. News: Proč vám nevrátíme syny? Už si u pěstounů zvykli, vzkázal norský úřad Michalákové. Lidovky.cz. cs.
  52. https://www.lidovky.cz/domov/cr-se-pokusi-proverit-pomery-deti-michalakovych-v-norsku.A170403_135853_ln_domov_ELE Česko se pokusí prověřit poměry dětí Michalákových v Norsku, řekl Sobotka
  53. https://www.parlamentnilisty.cz/politika/politici-volicum/Zdechovsky-KDU-CSL-Pred-10-lety-odebral-norsky-Barnevernet-syny-rodicum-Michalakovym-664370 Před 10 lety odebral norský Barnevernet syny rodičům Michalákovým
  54. News: Jordheim . T.W. . Do not use the word 'persecution' lightly . Vårt Land . 2015-12-23 . 2016-10-30. .
  55. News: Norsk-rumensk foreldrepar får tilbake barna . Norwegian-Romanian couple gets their children back . no . 2016-06-03 . . 2016-10-30.
  56. News: Siem . B. . Foreldra flyttar frå barnevernet . The parents move away from the child welfare services . no . 2016-08-12 . . 2016-10-30.
  57. News: Norway caves to international pressure, returns children to Christian family. The Washington Times. 2017-06-23. en-US.
  58. News: Un tribunal norvegian a decis reîntregirea familiei Nan, ai cărei copii au fost luaţi de Barnevernet. Mediafax.ro. 2017-06-23. en.
  59. Web site: Nå har Natasha (24) og Erik (21) rømt fra Norge med tvillingene. 2 July 2016 .
  60. Web site: - Det blir fantastisk å flytte hjem med tvillingene til sommeren. 6 January 2017 .
  61. Web site: Polish parliamentarians met Silje Garmo, the Norwegian woman who asked for asylum in Poland for fleeing Barnevernet with her daughter | Visegrád Post. 19 June 2018.
  62. Poland grants asylum to Norwegian woman: report, [in:] Radio Poland service 16.12.2018 [retrieved December 19, 2018]. No official confirmation by the Polish MFA or the Foreigners Office (Urząd ds. Cudzoziemców) has been released so far
  63. Norwegian mother wins asylum in Poland, [in:] The Times 18.12.2018 [retrieved December 19, 2018]
  64. News: Norwegian mother wins asylum in Poland. Moody. Oliver. 2018-12-18. The Times. 2019-12-01. en. 0140-0460.
  65. Web site: Norway 'orders expulsion of Polish diplomat' – NORWAY NEWS – latest news, breaking stories and comment – NORWAY NEWS. Sethurupan. Nadarajah. en-US. 2019-03-11.
  66. Web site: Forsker om diplomatstriden: – En spektakulær situasjon. 12 February 2019 . nb-NO. 2019-05-08.
  67. https://www.aftenposten.no/norge/i/41yLgG/menneskerettsdomstolen-retten-til-familieliv-er-krenket-i-tre-nye-bar. Visited 1 July 2021
  68. Web site: Indian couple's children taken away by Norway authorities . 2023-02-27 . NDTV.com.
  69. News: 2023-02-26 . In 'Mrs. Chatterjee Vs Norway', Rani Mukerji essays role of Sagarika Chakraborty whose heart-breaking fight for kids' custody shook the world . The Economic Times . 2023-02-27 . 0013-0389.
  70. Web site: 2023-02-25 . Rani Mukerji's Starrer Mrs Chatterjee vs Norway Is Inspired By THIS Indian Couple's Story . 2023-02-27 . News18 . en.
  71. Web site: 2023-02-25 . The true story behind Rani Mukherjee's latest film 'Mrs Chatterjee vs Norway' . 2023-02-27 . The Indian Express . en.