The courts can decide on placement in institution in child welfare cases

The Child Welfare Tribunal had decided to take over the care of a 15-year-old child and place her in a foster home. The decision was brought before the District Court, which upheld the care order and decided that the child should be placed in a care institution in accordance with the municipality's new request. The mother's appeal to the Court of Appeal was dismissed. Like the previous instances, the Supreme Court found that the courts may decide on placement in an institution even if the Tribunal had decided on placement in a foster home. It was pointed out that in child welfare cases, the courts must review all aspects of the case, see section 36-5 subsection 3 of the Dispute Act. That means that the courts may decide on a different placement alternative than that ordered by the Tribunal provided that the requirements of equal arms and sufficient clarification of the case are met. The appeal against the Court of Appeal's judgment was dismissed.

Read the whole judgment (Norwegian only) (PDF)

Areas of law: Child welfare. Section 5-3 of the Child Welfare Act. Section 36-5 of the Dispute Act. 

Key paragraphs: 51, 58, 62

Justices: Matheson, Bergsjø, Bergh, Sæther, Stenvik