The Child’s Reform Denmark 2011

The main objective of the reform is to strengthen the focus on the interests of the child. With the reform it is emphasised that children have the right to: Be involved in the case handling Be heard in decisions concerning themselves Contact with family and network Have a lay representative at meetings and other encounters with the authorities The possibility to complain over decisions made by the authorities The Child’s Reform

Being heard – the interview As a main rule, the parents must be involved in all child cases. But in some situations, the child has independent rights in order to strengthen the interests of the child and the inclusion of the child’s experiences in the process of the case handling. So, the child has a special right to be assisted in expressing its own views in all phases and the views of the child must be given due weight in accordance with the age and maturity of the child. Effectively, the child has the right to an interview in the placement home at least two times a year. And the child has the right to an interview in relation to a number of othe decisions such as: Choosing the placement home When placement is happening without the parents’ consent In decisions about the frequency of contact with the parents when the service plan is to be reviewed

The Child’s Reform The interview has two purposes: Getting to know the child first hand Hearing the child’s experiences First interview will usually always take place at the beginning of a case. A second interview must take place before any decisions are concluded to ensure the child’s opinion and view is being heard before any decisions are carried out. Parents cannot oppose an interview. The contents of the interview – the expressed views, opinions and experieces of the child – must be included as notes in the case and be given due weight. If the child’s views are not included, this fact and the reason behind will also play a part in the case.

The Child’s Reform Consent When a youth has turned 15 years of age, decisions that require the parents’ consent will, as a main rule, also require the youth’s consent. The youth must agree, fx in cases of: Volunteer placements Change of placement Review of service plan Supported contact (with parents) When placing a youth outside the home it is important that the youth understands the purpose of the placement and has agreed to being placed on the basis of this.

The Child’s Reform Counselling Children have the right to anonymous and open counselling. They can contact the authorities to ask for counselling and are not required to give their names or other data and they don’t need their parents’ permission. Contact The child has the right to contact with parents, family and network and the needs and interests of the child stand above the parents’ needs and interests in having contact. The child must be heard and involved in all decisions about contact and decisions must be based upon what is in the best interests of the child. The child must not be subject to contact in situations when this might be harmful for the child. It is therefore of great significance that the child’s needs and interests are given more weight than the needs and interests of the parents.

The Child’s Reform Support The authorities must assist placed children in finding a person that can be of support for the child during placement. The purpose of the support person is to prevent loneliness and to give the child a chance to establish a broader network during and after placement. The child is not obliged to have a support person if he or she does not want it. The support person will not be employed or paid by the authorities as it is important that it is someone with a personal engagement in and emotional responsibility of the child. If a suitable person cannot be found the authorities are not obliged to find one.

The Child’s Reform Lay representative Children have the right to a lay representative who can help them understand what is going on and give the child advice and guidance – or just a feeling of safety. The lay representative can be someone from the child’s network or someone from a charity or volunteer organisation. Access to complaint The right to complain has been lowered from 15 to 12 years. The authorities shall assist with guidance of how to complain and must inform the child of its right to complain and how this is done in practice. The authorities must actively help children who wish to complain.