Child welfare
Child welfare aims to safeguard a child’s right to a safe environment for growth, balanced development and special protection. Child welfare matters such as custody are decided by an administrative court.
Referring a child welfare case to an administrative court
The administrative court decides child welfare cases on the basis of written statement submitted by the child welfare authority and the parties concerned. The parties may also be heard at an oral hearing.
A child under the age of 12 may be heard in person only if the hearing is necessary for the resolution of the case, and is not likely to cause significant harm to the child.
At an administrative court, an interested party may be counselled by a lawyer, public legal adviser or licensed legal counsel. The administrative court may appoint counsel for a child if the child or their legal representative so requests, or if the court considers it otherwise necessary.
The administrative court may appoint a trustee to exercise the child’s right to speak instead of the child’s guardian. This may be done if there are reasonable grounds to believe that the guardian cannot objectively safeguard the best interests of the child and that the appointment of a trustee is necessary to settle the matter or to safeguard the best interests of the child.
Taking into care
A child can be taken into care if the conditions at home or the child’s behaviour seriously endanger their health or development. Taking into care can be decided on if the non-institutional care support agency has not been of sufficient help, and if foster care is judged to be in the best interests of the child. While the child is in care, their care and education are organised outside their home, for example in family or institutional care. The child welfare authority is responsible for the child’s housing, care and upbringing while the child is in care.
The process of taking into care can be based on the consent of the child’s guardians. In that case, the child welfare authority makes the decision to take the child into care. The decision can be appealed before the administrative court.
If the guardians or the child aged 12 or over object to the child being taken into care, the child welfare authority submits an application to the administrative court, which assesses the conditions for taking the child into care.
Emergency placement
Emergency placement is a short-term support measure during which a child is placed outside their home for up to 30 days. The child welfare authority is responsible for the child’s housing, care and upbringing during the placement.
During an emergency placement, social services must either make a decision to take the child into care, apply for a care order before the administrative court or decide on extending the emergency placement. A decision on emergency placement and its extension can be appealed to the administrative court.
Ending being in care
Being in care is valid for an indefinite period and ends at the latest when the child turns 18. The child welfare authority must make a decision to end the child’s arrangement of being in care when there is no longer a need for it.
A decision on the extension of being in care must also be made if the child or guardian applies for its termination. The decision can be appealed before the administrative court.
Other child welfare matters
Other decisions made during foster care can also be appealed to the administrative court. The child welfare authority may, among other things, restrict contact between the child and their parents or other close person. A child’s place in foster care can also be changed while the child is in care. More information about child welfare (thl.fi, in Finnish).