Child Welfare Act 2008

Child Welfare Act 2008 • Previous Child Welfare Act 1983 • Slides in Finnish : Chief Legal Counsel Tapio Räty, Helsinki City Social Services • Unofficial translation into English: the Central Union for Child Welfare • Slides can be freely used, possible feedback and comments to: the Central Union forChildWelfare, Communications Unofficial translation

Emphasis on preventive child welfare • Improving the position of the family and the child and increasing legal protection • Emphasising the responsibility of health care authorities • The child welfare plan for the municipality • Provisions concerning the child’s right to have a say • Procedural provisions; the start of a client relationship, determining the need for child welfare measures and emphasising the significance of the client plan • Applying for permission to have a child examined • Child welfare notification and the duty to make a request for an investigation • Decision-making on taking children into care is now the responsibility of the provincial administrative courts, direct appeal to the administrative court • Emphasising the role of the social worker in charge of matters pertaining to the child as well as supervision and registers • Expanding the obligation to provide after-care Unofficial translation

Structure of the Child Welfare Act Chapter 1. General provisions Chapter 2. Promoting the well-being of children Chapter 3. Arranging child welfare Chapter 4. Involvement of the child Chapter 5. Becoming a child welfare client Chapter 6. Rules of procedure Unofficial translation

Structure of the Child Welfare Act Chapter 7. Open care Chapter 8. Emergency placement of a child Chapter 9. Taking into care Chapter 10. Substitute care Chapter 11. Restrictions in substitute care Chapter 12. After-care Unofficial translation

Structure of the Child Welfare Act Chapter 13. Supervision Chapter 14. Administrative court processing Chapter 15. Appeals Chapter 16. Special provisions Chapter 17. Entry into force provisions Unofficial translation

Sect. 1. – Objective A child’s right • to a safe growing environment • to a balanced and well-rounded development • to special protection Unofficial translation

Sect. 3. (2) – Child welfare Child-specific and family-specific child welfare • Investigation of the need for child welfare measures • Open care support measures • Emergency placement • Taking into care • After-care Unofficial translation

Sect. 3. (3) – Child welfare Preventive child welfare • Responsibility rests on all municipal authorities • Promoting and ensuring: • Children’s growth • Development • Well-being • Support in parenting Unofficial translation

Sect. 4. – Main principles • Promoting the favourable development and well-being of the child • Support for parents, custodians and others responsible for upbringing and care • Aiming at preventive measures • Intervening sufficiently early • Best interests of the child must be taken into account Unofficial translation

Sect. 4. – Main principles • The principle of discretion • The principle of proportion • The principle of least intrusive measure • Open care support measures must be given priority • The aim to reunite the family Unofficial translation

Sect. 5. – Views and wishes of the child or youth When the need for child welfare is being assessed or when a decision is being made concerning a child or youth, it is necessary to pay special attention to the child’s or youth’s • Opinions • Wishes Unofficial translation

Sect. 9. – Support for schooling Municipalities must provide school psychologist and social worker services • Sufficient support and guidance for pupils concerning schooling and preventing or eliminating social and psychological difficulties affecting the development Unofficial translation

Sect. 12. – Plan for arranging and developing child welfare services • To be drawn up by municipalities • Approved by the municipal council • Reviewed at least once every 4 years • Includes information on: • Environment of upbringing and state of well-being of children and youths • Measures and services for promoting the well-being and for problem prevention • Need for child welfare measures • Allocated resources • Child welfare service system • Arrangements for cooperation • Implementation and supervision Unofficial translation

Sect. 14. – Safeguarding multiprofessional expertise The social worker must have at his disposal expertise in: • Child growth and development • Health care • Legal issues • Other issues related to child welfare work Team of child welfare experts • Mandatory, set up by one or more municipalities • social welfare and health care representatives • experts on child growth and development • other experts Unofficial translation

Sect. 15. – Special health care obligations • Health centres and hospital districts must provide expert assistance in child-specific and family-specific welfare • Where necessary, examination, treatment and therapeutic services for the child must be arranged • In cases of suspected sexual abuse or assault the services in connection with the investigation must be provided urgently Unofficial translation

Sect. 20. – Ascertaining the child’s views and hearing the child • The child’s wishes and views must be heard and taken into account in accordance with the age and maturity of the child • This may not be undertaken if it • endangers the health or development of the child • is otherwise clearly unnecessary • In connection with hearing the child, the child must not be given any information that would endanger the child’s development. Unofficial translation

Section 21. – Exercising a child’s right to be heard A child who has attained the age of 12 is entitled to a say in child welfare casesconcerninghimself • Right to initiate • Right to beheard • right to begranted a decision • right of appeal Unofficial translation

Sect. 24. – Responsibility for safeguarding the interests of the child Social worker responsible for a child’s affairs • Provides aid for the child in having a say • Directs the child to seek legal advice • Ensures that an application for a trustee is made Duty to be present • In any preliminary investigation • At court hearings • During the handling concerning expulsion from school Unofficial translation

Sect. 25. – Duty to notify Obligation to notify: • Persons employed by, or in a position of trust for, social and health care services, education or youth services, the police or a parish or other religious community (except for seal of the confessional) • Other social and health care services suppliers • Education or training provider • Persons engaged in asylum seekers reception or emergency centre activities • Persons engaged in the morning and afternoon activities of schoolchildren • Health care professionals Unofficial translation

Sect. 25. – Duty to notify Professionals have a duty to notify without delay and regardless of confidentiality provisions, if they have discovered through their work that, on account of the child’s • need for care and treatment, • circumstances endangering the development, • behaviour, it is necessary to investigate the need for child welfare measures. Other persons may submit a notification regardless of confidentiality provisions Unofficial translation

Sect. 25. – Duty to notify The municipal body must keep a register of child welfare notifications and their contents. Changes of address: The child moves away from the municipality and • the assessment regarding the need for child welfare measures remains incomplete • the child is already a client of child protection services The former municipality has a duty to notify the new municipality . Unofficial translation

Sect. 25. – Duty to notify The policemustbenotifiedif • Therearereasonablegrounds to suspectthat the childhasbeensubject of an action punishablebylaw (the PenalCode , chapter 20 or 21) for which the maximumpenaltyprescribed is at leasttwoyears of imprisonment. Unofficial translation

Sect. 26. – Initiation of proceedings in a child welfare case and the start of a client relationship • Application • Child welfare notification • Other manner The possible urgent need for a child protection measure must be assessed immediately. A decision whether to begin investigating the need for child welfare measures must be made within 7 working days. Notification to the child and the custodian. Unofficial translation

Sect. 27. – Investigating the need for child welfare • Assessing the situation of the child • Assessing the need for services • Must be completed without undue delay, within three months after the initiation of the proceedings • Notifications to custodian and child Unofficial translation

Sect. 29. – Access to the child • Meetings in person • Sufficiently often • Collaboration with the child’s custodian or other person responsible for the child’s care: • Consent / even without consent of custodian • notification to custodian Unofficial translation

Sect. 30. – Client plan • Must always be drawn up, except in cases of temporary guidance and advice • In cooperation with the child’s custodian • If necessary • another legal representative • parent • a person in charge of the child’s care • another key person involved in the child’s care • To be documented • the circumstances and issues requiring attention • the need for support • services and support measures • differences in opinion • Reference points (at least once a year) Unofficial translation

Sect. 36. – Other child welfare support in open care • Assistance in problem situation involving the child and family • Financial assistance • Support person and support family • Care and therapy services supporting rehabilitation • Family work • Placement of the whole family • Peer group • Holiday and recreational activities • Other services and support measures Unofficial translation

Sect. 37. – Placement as support in open care • Family care or institutional care together with custodian, parent or other person • For the child alone on a short-term basis, with consent of custodian and 12-year-old child • for the assessment of the child’s need for support • for the child’s rehabilitation • for providing temporary care for the child • Not if the preconditions for taking the child into care are met • No recurrent short-term placements; only when in the best interests of the child • Consent of both custodians, with the exception of extenuating circumstances / difference of opinion Unofficial translation

Sect. 38. – Emergency placement of a child • The child is in imminent danger • Otherwise in need of an emergency placement /institutional care A child may be urgently placed into • foster care • Institutional care • The care may be arranged in some other way Prior to the decision, the views and perceptions of • the child • the parents, the custodian or other persons responsible for the child’s care must be ascertained Unofficial translation

Sect. 40. – Duty to take a child into care and provide substitute care Taking a child into care and substitutecarehas to bearrangedif • the deficiencies in the child’scareorothercircumstancesrelating to the growingenvironmentseriouslythreaten the healthordevelopment of the child • the childputshis/herhealth/development at riskthroughhis/heractions and behaviour As a furtherrequirement, that the supportmeasures of opencarearenot: • appropriate , possible, sufficient and Thatsubstitutecare is estimated to be in the bestinterests of the child Unofficial translation

Sect. 45. – Custody of children taken into care When a child has been taken into care, the municipal body has the right, in order to implement the purpose of taking into care, to decide upon the child’s • whereabouts • care • upbringing • supervision • other forms of care • necessary education • health care Obligation to cooperate with parents, custodian and child. Unofficial translation

Sect. 47. – Duration and termination of care • The custody continues until further notice • To be terminated if no longer necessary, unless not in the best interests of the child • Is terminated when the child reaches the age of eighteen. Unofficial translation

Sect. 75. – Children’s and young people’s entitlement to after-care After-care must be provided • after the termination of the substitute care • after the termination of an open care placement applied to the child alone, if the placement has lasted at least six months The obligation to provide after-care expires at the latest when the youth reaches 21 years of age. After-care can also be provided for the youth who has otherwise been a client of child welfare Unofficial translation

Child Welfare Act 2008