CHANGES IN THE CHILD WELFARE ACT
Children and young people with experience from the child welfare system have on several occasions contributed to changes in the Norwegian Child Welfare Act. Politicians in the Government and in Parliament have taken seriously the summarized responses from groups of children and young people across Norway, as they are obliged to do under the UN Convention on the Rights of the Child.
Several organizations have contributed to this work. Forandringsfabrikken has regularly conducted knowledge-gathering processes with children and young people aged 6–20 involved in the child welfare system across Norway. Young people aged 14–20 who participated in these studies have themselves presented the summarized findings and taken part in dialogues together with politicians.
In 2017, the principle that children shall be met with love was included in the Norwegian Child Welfare Act:
§ 1-1 Purpose of the Act
The purpose of the Act is to ensure that children and young people who live in conditions that may be detrimental to their health and development receive the necessary assistance, care and protection at the right time. The Act is intended to help ensure that children and young people are met with security, love and understanding
Recommendation to the Parliament from the the Standing Committee on Family and Cultural Affairs:
The majority refers to the inclusion of the concept of love in the purpose provision of the Act and considers this important. The majority further refers to the Child Welfare Pro`s (Barnevernsproffene) at ChangeFactory, who are among those with extensive experience of being children in the Norwegian child welfare system, and who have called for a child welfare service that works more and more clearly with love. In their consultation statement, the Child Welfare Pro`s explain that by love they mean that children should be met with human warmth — through warm eyes, warm body language, warm words — and that adults listen in order to truly understand them at the deepest level.
In 2021, children’s right to information, to express themselves freely, to be informed before information about them is shared, and for their views to be a central element in the assessment of the child’s best interests were incorporated into the Norwegian Child Welfare Act:
The highlighted provisions were added by Members of Parliament following input from young people.
§ 1-3 The best interests of the child
In all matters affecting a child, the best interests of the child shall be a primary consideration. Child welfare services measures shall be in the best interests of the child. The best interests of the child must be decided after a concrete assessment. The child’s opinion is a key factor in the assessment of the child’s best interests.
§ 1-4 The child’s right to participation
A child who is able to form his or her own opinions has the right to participate in all matters concerning the child under this act. Children have the right to speak to the child welfare service regardless of the parents’ consent, and without the parents being informed of the conversation in advance. The child shall receive sufficient and adapted information and has the right to freely express his or her opinions. The child must be listened to, and the child’s opinions shall be given due weight in accordance with the age and maturity of the child.
Children must be informed about what information from the child can be used for and who can gain access to this information. The child has the right to express himself or herself before it is decided that the information shall be shared, and the child’s views shall be given due weight in accordance with the age and maturity of the child.
In meetings with the child welfare service, a child can be given the opportunity to bring a person whom the child has special trust to. The trusted person can be imposed a duty of confidentiality.