The County social welfare board makes decisions about care orders for children based on information from various sources. The board considers arguments related to the parents' ability to care for the child, the child's needs, and whether less intrusive measures than a care order have been tried. The board must decide if a care order is necessary to protect the child's welfare and in their best interests, according to the Child Welfare Act. They use information from the child and family members, social services, professionals, and legal precedents and guidelines to make their judgment.

1. Information, sources and
arguments in care order decisions
By Line Marie Sørsdal, University of Bergen.
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2. 2
When (and how) are the legal criteria for a care
order fulfilled?
Who provides the County board
with information (sources)?
What type of
arguments do the
County board use
(evidence)?
How do the board
argue that the
decision is in
“best interest” of
the child?

3. The County social welfare board
• Established in 1993.
• The County boards are
independent and have a
court like structure.
• In care order cases the
board is set by three
judges; one professional
judge, one lay judge and
one expert lay judge.
• There are 12 County
boards in Norway, each
board covers one or two
counties.
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4. The case material
31 care order cases from 2013.
29 cases ends with a care order.
6 different County boards.
10 cases with children between 0-6
years.
11 cases with children between 7-12
years.
10 cases with children between 13-
18 years.
There are 38 children in total, 21 girls
and 17 boys. The age of the children
ranges from 4 months (born 2013) to
17 and 11 months (born 1995).
The verdicts are between 6-17
pages.
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5. The Child Welfare Act (1992), section 4-12:
A care order may be made
(a) if there are serious deficiencies in the everyday care received by the
child, or serious deficiencies in terms of the personal contact
and security needed by a child of his or her age and development,
(b) if the parents fail to ensure that a child who is ill, disabled or in
special need of assistance receives the treatment and training
required,
(c) if the child is mistreated or subjected to other serious abuses at
home, or
(d) if it is highly probable that the child's health or development may be
seriously harmed because the parents are unable to take adequate
responsibility for the child.
An order may only be made pursuant to the first paragraph when necessary
due to the child's current situation. Hence such an order may not be made if
satisfactory conditions can be created for the child by assistance measures
pursuant to section 4-4 or by measures pursuant to section 4-10 or section
4-11.
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6. 4 Categories of sources
6
Personal
Child, Mother,
Father, Family
members & Foster
parents.
Practice
Child protection
service, Institution,
Supportive
measurements,
School &
Kindergarten.
Professional
Psychologist,
Psychiatric unit,
Child health and
maternity clinics,
Doctor & Hospital.
Law
Supreme court
decisions, Draft
resolutions, Official
reports or
guidelines, Human
Rights/ECHR/UNC
R

7. 7
0
5
10
15
20
25
30
35
Mother
Child
Father
Familymembers
Fosterparents
Childprotection…
Institution
Supportive…
School
Kindergarten
Psychologist
Psychiatricunit
Childhealthand…
Doctor
Hospital
Law
Supremecourt…
Draftresolutions
Officialreportsor…
Human…
Cases
Source
Distribution of sources by category

8. Source
Arguments related
to the parents (care)
Arguments related
to the child (needs)
Argument related to
help or support (least
intrusive measurement)
Personal
Lack of understanding
of the child’s basic
needs (e.g., adequate
food, clothing and
shelter).
Placement, visitations
(where the child
wants to live).
Disagreeing, resisting or
want different help then
given.
Behavioral problems
(substance abuse).
Practice
Inadequate
supervision, ignoring
or failure to respond to
the child’s needs
(interaction,
stimulation).
Social skills
(kindergarten,
school).
Parents do not
cooperate, do not comply
with or resists help.
Development skills,
self-esteem( child
protection service).
Professional Mental health issues.
Medical neglect (mal
nutrient, obesity).
Parents do not want to or
cannot change. 8

9. Section 4-1. Consideration of the child’s
best interests.
When applying the provisions of this
chapter, decisive importance shall be
attached to framing measures which are in
the child’s best interests. This includes
attaching importance to giving the child
stable and good contact with adults and
continuity in the care provided.
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