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Care Order

In Brief

In some serious situations, it may be in the child’s best interest to live somewhere other than their home. This can happen if child welfare measures are not effective or if the child has severe behavioral problems. In such cases, the child welfare services can arrange a temporary home for the child in an institution or a foster home. The child welfare services then assume responsibility for the child’s daily care. However, the parents still retain the right to make certain fundamental decisions, such as the choice of school, religious affiliation, or name changes.

Description

A care order only occurs in serious cases and can happen with or without the parents' consent. When child welfare services determine that a child's situation is severe enough to require removal from the home, the case must be decided by an independent body, the Child Welfare and Health Tribunal. The tribunal makes the final decision after hearing from the parents, the child, and child welfare services. If you experience having your child placed under a care order, you can receive help and support from both the child welfare services in your municipality and the family counseling office. In principle, a care order is temporary, and child welfare services will work with the parents to enable the child to return home. Parents also have the right to visitation with the child.

Criteria

Criteria for a care order may include:

  • Serious deficiencies in the child's daily care, personal contact, or security necessary for their age and development.
  • The parents’ failure to ensure that a sick or disabled child receives the necessary treatment and education.
  • The child being subjected to abuse.
  • A risk that the child's health or development will be harmed.

Related brochures, documents, maps and similar

Regulations

See especially Barnevernloven kapittel 5, kapittel 7, § 8-3 and kapittel 14.

Laws

Regulations

Practical Information

Case Processing

The municipal child welfare services present the case for a care order to the Child Welfare and Health Tribunal. The tribunal ensures that parents receive a lawyer and that the child has a representative. Hearings or meetings are then held with all parties present. The tribunal makes the final decision regarding the care order. ( External link.Barneverns- og helsenemnda (bvhn.no) External link.

Processing Time

A decision must be made no later than two weeks after the hearing is concluded. Once the tribunal has decided on a care order, the child must be relocated as soon as possible. The decision expires if the child has not been moved within six weeks.

Right to Appeal

A care order decision can be appealed to the court. In emergency situations, where there is no time to wait for a tribunal decision, the municipal child welfare services can issue an emergency care order. You can appeal an emergency decision directly to the Child Welfare and Health Tribunal, either verbally or in writing. When you appeal, you will be assigned a lawyer to handle the case for you.


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Tjenestebeskrivelsene i KF Tjenestekatalog viser lovpålagte kommunale tjenester til innbyggere og næring. Beskrivelsene blir oppdatert fortløpende ved endringer i lover og sentrale forskrifter.
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