the Legal situation when it comes to tvångsingripanden against children, who are in Sweden but who do not live here have long been unclear.
In June 2014 were recovered, for example, a one-year child temporarily found themselves in Sweden. The decision to immediately dispose of the children were taken by the in accordance with the Law on the care of the young, LVU, of a social welfare board.
by the administrative court in Uppsala said, however, the court held that under Swedish law is not possible to immediately dispose of children and young people who have no place of residence in Sweden.
the following Year were recovered an infant who has been abandoned by two Romanian nationals. In this case, established the Administrative court, a new report by the decision, the court made a different interpretation than in the first case. The administrative court of appeal overturned the however, it the decision.
In 2015, posed the question on its tip then the situation of the several so-called moroccan street children who stayed illegally in Sweden were noticed.
that the law should be clarified so that children under the age of 18 years shall be disposed of also, since the Swedish courts are not competent to make a decision about arranging care (see box).
the Purpose of the proposal is to clarify that all children residing in Sweden shall be disposed of in accordance with LVU, if the conditions for mandatory treatment are met. With the proposal will also be enforcing more uniform and predictable.
– It is important that children in need of support receive it. We have had a situation where municipalities are uncertain of if they have been able to dispose of children such as vulnerable EUROPEAN citizens. Now to clarify we are the law, says the social minister Lena Hallengren (S).Lena Hallengren (S). Photo: Paul Hansen
• It should be clarified in the LVU to the one who is under the age of 18 years may immediately be disposed of also, since the Swedish courts are not competent to make a decision about arranging care. (For people who live in Sweden, a minimum age of 20 years.)
• A court can also make decisions about continued care for temporary care. It should be reconsidered, with two-month intervals. A further attention may last for a high in a year – if not further treatment is necessary.
• the Disposal cease to apply whenever a foreign authority, taken the necessary measures.
• Decisions can be appealed and both the children as its guardians has the right to a public counsel.
not, however, cost some serious money, then the total is about the few cases. In addition to the two aforementioned case, it can be about the children of tourists who are in Sweden temporarily.
– It is not so many children, but is an important principle. The government believe that this would get a preventative effect – that fewer children are at risk to end up in a vulnerable situation in Sweden, as well as to the community get tools to take action when necessary, " says Lena Hallengren.
the bodies consulted are positive. JO pointed out, however, that there is a risk to the child's home country does not act urgently to a transfer of the young to occur. It can lead to the immediate disposal may be longer.
In the final proposal set a time limit of one year – but with a possibility of extension if the children are at risk of being seriously damaged if care is terminated. The bill is a part of the agreement between the governing parties, the Centre party and the Liberals. The law will apply from 1 september.