Amendments proposed to Child Welfare Act to better protect children
The Government proposes amendments to child welfare legislation The aim is to strengthen children’s right to special protection, clarify the use of educational practices and restrictions and improve the opportunities for child welfare services to ensure a safe everyday life for children.
Child welfare authorities and substitute care units would be given wider powers to carry out their work. The reform would clarify the use of practices and restrictive measures relating to upbringing and education both in family care and child welfare institutions. It would also include laying down provisions on a new closed institutional service providing rehabilitation.
“Child welfare professionals need clear and effective practices to ensure a safe everyday life for children. The amendments now proposed by the Government would provide those working in child welfare with new tools. Especially the right to remove substances and items as part of the education provided by substitute care units is a tool that people working in the child welfare sector have long been waiting for,” says Minister of Social Affairs and Health Kaisa Juuso.
Expanding the use of educational methods
To ensure children have the boundaries they need, it would be possible to interfere with their physical integrity – but only when necessary. Care, upbringing, supervision and protection should never be oppressive or violate a child’s dignity in any way.
Any items the possession of which is prohibited by law or which may pose a safety risk if misused must be removed from children. Smart devices must also be removed from children if the use of such devices compromises the best interests of the child. Talking with children and hearing what they have to say should always be the primary approach.
These proposals would support the conditions for substitute care units to provide children in substitute care with a safe, adult-led and homely living environment – one that may also include conflicts.
Ways to tackle children’s unauthorised absences from substitute care
The authorities and child welfare institutions would be given sufficient powers and tools so that, when a child leaves substitute care without permission, they could be found quickly and returned safely to their place of substitute care.
The care and education staff of child welfare institutions would have the right to physically restrain children and this way prevent them from leaving the premises. If, however, a child left the institution, the placing wellbeing services county could, in certain cases, request the Emergency Response Centre Agency to locate the child’s device or where the subscription is used. This would lower the threshold for locating children.
The care and education staff of substitute care institutions and the competent public officials working in social welfare would also have the right to apprehend children and return them to the child welfare institution. In these situations, they could physically restrain a child, conduct a non-intimate body search and remove substances or items from the child. If certain conditions were met, they could also enter an apartment to apprehend the child. Only necessary and justifiable force could be used when apprehending the child.
Closed institutional service for rehabilitating children trapped in a vicious circle of crime
The reform also includes establishing a new closed institutional service providing rehabilitation. As a rule, children aged 12 or over could be placed in this service if they posed a risk to themselves or others by using violence or committing other criminal acts. The aim of the service is to provide long-term support and rehabilitation when other substitute care services or methods are no longer enough.
The amended Child Welfare Act would obligate the state child welfare institution to provide this service. The wellbeing services counties and the City of Helsinki could also provide the service themselves.
Units coordinating child welfare and psychiatric services and a new act on the state child welfare institution
The government proposal also includes proposals for establishing child welfare service units that coordinate skills and expertise in child welfare and psychiatry. The wellbeing services counties and the City of Helsinki could apply for discretionary government grants to establish these units. The deadline for applications is 31 October 2025.
It is also proposed that a new act be enacted on the state child welfare institution and the school operating under it. The act would clarify the institution’s current state, position, duties and powers.
Phase two of legislative reform under preparation
The current government proposal is the first phase of the overall reform of child welfare legislation. The proposed legislative amendments are scheduled to enter into force on 1 January 2026. However, the amendments concerning the closed institutional service providing rehabilitation and the period of special care would not enter into force until 1 August 2026.
The government proposal on the second phase of the reform is under preparation, and it is scheduled to be submitted to Parliament in 2026. The proposal would clarify and reform the structure and contents of the Child Welfare Act, taking into account the amendments made during the first phase.
Inquiries:
Tiina Muinonen, Senior Ministerial Adviser, tel. +358 295 163 185
Susanna Hoikkala, Ministerial Adviser, tel. +358 295 163 482
Email addresses are in the format [email protected]