Frequently asked questions concerning child welfare in Finland
In Finland, child welfare services are based on the Child Welfare Act (417/2007) and the UN Convention on the Rights of the Child (Finnish Treaty Series 59–60/1991). The Child Welfare Act applies to all children who live or stay in Finland irrespective of their nationality, religion or culture. The best interest of the child is the primary consideration in all child welfare measures.
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Each child's parents (custodians) bear the primary responsibility for the upbringing and care of the child. The public authorities that work with children and families support the parents and other custodians in their upbringing task. The authorities should provide families with any assistance they need at as early a stage as possible and refer the child and family to social welfare or child welfare services if necessary.
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There is no general or comprehensive definition of the best interest of the child. Each case must be assessed individually. The age of the child, the prevailing circumstances, the ability of the parents to take care of the child and the nature of the issues involved all affect the consideration. The circumstances affecting the child's life, the alternative solutions available and their possible impact on the child's future are always taken into consideration in the decision-making.
Provisions on determining the best interest of the child are laid down in section 5 of the Social Welfare Act (1301/2014) and in section 4 of the Child Welfare Act (417/2007). The primacy of the best interest of the child is a key principle of the UN Convention on the Rights of the Child.
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The Finnish Child Welfare Act emphasises that the authorities must take the best interests of the child into account in all of their measures. The Act stresses that each child has the right to involvement and special protection. The best interests of the child are the primary consideration in all social welfare measures concerning a child. When assessing the best interests of the child, special attention must be paid to the question of how the alternative measures and solutions best safeguard the child's right to the following:
1) a balanced development and wellbeing, and close and continuing relationships;
2) a possibility to receive understanding and affection, and supervision and care in accordance with the child’s age and stage of development;
3) an education consistent with the child’s abilities and wishes;
4) a safe environment in which to grow up, and physical and mental integrity;
5) a sense of responsibility in becoming independent and growing up;
6) a possibility to be involved in and influence matters affecting the child; and
7) consideration of the linguistic, cultural and religious background of the child. -
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A child does not automatically become a client of child welfare services even if a child welfare notification concerning the child is filed.
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When a social welfare authority is informed of a child in need of support (for example through a child welfare notification or other contact), the child’s urgent need for support is assessed without delay. Unless it is manifestly unnecessary, the authority initiates an assessment of the child’s need for services. The decision to initiate an assessment of the need for services must be made within seven working days, and the assessment must be completed within three months. During the assessment of the need for services, the child is a social welfare client.
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A client relationship with child welfare services begins if the child is found to be in need of child welfare services.
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A client relationship with child welfare services may also begin in a situation where a child must be placed urgently.
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It is important that any child welfare measures are carried out as tactfully as possible and that preference is given to support measures in open care, unless the best interests of the child require otherwise. Support measures in open care can only be provided with the consent of the custodian of a child and a child aged 12 or more. The purpose is to promote and support the positive development of the child. Open care services aim to support parents, custodians and other persons responsible for the care and upbringing of a child in carrying out their task. For the open care services to function as they should, it is important that the child or young person concerned and their family members actively participate in organising the services and support measures.
Support measures in child welfare open care include:
- support for investigating a problem situation involving the child and family;
- financial and other support for
- the child’s schooling and in acquiring an occupational qualification,
- obtaining accommodation
- finding work,
- free-time pursuits,
- maintaining close relationships and
- satisfying other personal needs;
- care and therapy services supporting the child’s rehabilitation;
- intensified family work;
- family rehabilitation; and
- other services and measures supporting the child and family.
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Emergency placement means placing a child who is in immediate danger outside their home. An emergency placement of a child is not the same thing as taking a child into care. An emergency placement can last for up to 30 days. In certain cases, it can be extended by a maximum of 30 days. During an emergency placement, the authorities assess whether the child can return to their family and what kind of support measures the child and the family would need in such a case.
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Situations requiring an emergency placement of a child are always serious. A child is placed urgently if the child's health or development is in immediate danger. These situations are acute and require immediate action.
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Taking into care means a situation where a child is taken into the care of a social welfare authority and placed in substitute care until further notice. Taking a child into care is the last-resort means of safeguarding a child’s growth and development in child welfare work.
A child can be taken into care if there are serious shortcomings endangering the child’s health or development in the child’s care or other circumstances. A child may also have to be taken into care if the child themselves endangers their own health or development by substance abuse or by committing a crime, for example. The danger must be serious. Taking a child into care is only possible if support measures in open care are not suitable, feasible or sufficient to ensure that the child’s best interests are protected. Before deciding whether a child will be taken into care, the authorities conduct intensive negotiations on the matter with the child and their parents and other custodians. As in all child welfare work, when considering taking a child into care, every effort is made to work in close cooperation with the family.
When the authorities prepare for taking a child into care, they ascertain the views and opinions of the parties involved. The parties have the right to familiarise themselves with the grounds for taking the child into care. If a child aged 12 or more or their custodian does not object to the taking into care and the related placement in substitute care, the decision on taking the child into care and the related substitute care is made by the municipal social welfare authorities. If a child aged 12 or more or their custodian objects to the taking into care or the related placement in substitute care, the case is decided by an administrative court.
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A social worker assesses the need to take a child into care when assessing the child’s need for child welfare services. It is important that the child and their family are involved in the work and aware of the different options and concerns related to the growth and development of the child. The primary means of safeguarding the child’s growth and development is to support the family through support measures in open care.
Social welfare authorities may also request statements from experts in children's growth and development, including the day care, school, family counselling clinic or healthcare services. A social worker has the right to obtain expert assistance from other authorities and experts. The social worker must assess whether taking a child into care is the best option for safeguarding the child's development and ensure that all other possible measures have been taken to support the child and the parents. The assessment must be based on a child-centred approach and take the child's perspective into account. In a high-quality process for taking a child into care, the wishes, opinions and cultural background of the child and the parents are taken into consideration.
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Taking into care is valid indefinitely. It can, however, be terminated if it is found that there is no longer any need for care and its termination is in the best interests of the child. The need for care and the prerequisites for reunification of the family must be assessed at regular intervals during the care. Care is terminated when the child concerned reaches the age of 18 years at the latest.
Even during the care, social welfare authorities provide the child and the parents with support. The purpose is not to blame anyone but to consider how the social workers could be of assistance and help the child return home when this is in their best interests. The objective is that the parents could be able to take care of their child again and that the child could return home.
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The Finnish Institute for Health and Welfare collects data and compiles statistics on the number of children in emergency placement, for example. Statistics on the nationality or ethnic background of children or their parents are not collected. The last confirmed statistics are from 2020:
• Child welfare authorities provided open care services to 48,802 children and young people in 2020. The number decreased by 4% from 2019.
• During 2020, a total of 19,086 children and young people were in out-of-home placement. This number remained basically unchanged from the previous year (+0.4%).
• In 2020, 4,662 children were subject to emergency placement, which is 3% more than in 2019.
• 11,386 children were in care in 2020. This number remained basically unchanged from the previous year (+0.3%). A total of 1,688 new children were taken into care in 2020. This was 9% less than in the previous year.
• On 31 December 2020, a total of 9,637 children were in care, more than half (56%) of whom in family care. Of the children placed in family care, one in seven (743 children) were placed in the home of relatives or other close persons.
• The form of substitute care varies considerably depending on the child’s age. Almost all children under 6 years of age were placed in family care, whereas more than half of 16–17-year-olds were placed in an institution.
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In Finland, corporal punishment of children is against the law. In some European countries, corporal punishment of children is permitted. In Finland, it is a crime. Children have the right to physical integrity in the same way as adults.
If a health and social services professional or another obliged entity (under section 25 of the Child Welfare Act) becomes aware that a child has been subjected to violence, they must file a child welfare notification and report the case to the police without delay.
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Under the UN Convention on the Rights of the Child, each child must be protected from all forms of violence, negligent treatment and exploitation. In Finland, the corporal punishment, subjugation and other maltreatment of a child were prohibited by law in 1984, in other words over 30 years ago. Legislation in Finland is based on the principle that children have the same right to be protected from violence as adults. Any violence inflicted on children, including corporal punishment, is considered an assault under the Criminal Code of Finland.
The adverse effects of physical and mental punishment on children have been confirmed by several studies. Punishment is purely detrimental and has not been found to be of any educational benefit to children.
Further information
Susanna Hoikkala, Ministerial Adviser
Ministry of Social Affairs and Health, Department for Communities and Functional Capacity / YTO, Children and Young People Unit / LANU Telephone:0295163482 Email Address: [email protected]
Tiina Muinonen, Ministerial Adviser
Ministry of Social Affairs and Health, Department for Communities and Functional Capacity / YTO, Children and Young People Unit / LANU Telephone:0295163185 Email Address: [email protected]