An emergency removal (omedelbart omhändertagande) under LVU (Care of Young Persons Act) is an urgent measure that allows Swedish social services to take a child into protective custody immediately, without waiting for a court ruling. This is a highly distressing situation for parents, and understanding your rights is crucial. Below, we explain when emergency removal can happen, how the legal process works, and what you can do to challenge the decision.
What is an ”Emergency Removal” Under LVU?
Social services can order an emergency removal if there is an immediate and serious risk to the child’s well-being, and waiting for a court decision would put the child in danger. Common reasons include:
- Physical or sexual abuse – If there is evidence that the child is being harmed.
- Severe neglect – If the child is not receiving basic care such as food, shelter, or medical attention.
- Parental drug or alcohol abuse – If a parent’s substance use poses a direct threat to the child.
- Criminal activity in the home – If the child is exposed to violence, gang-related activity, or illegal actions.
- Risk of abduction – If one parent is attempting to take the child abroad against legal agreements.
An emergency removal allows social services to immediately take the child away from the parents and place them in:
- A foster home (familjehem)
- A youth home (HVB-hem)
- Another secure environment where the child can be protected
Who Makes the Decision?
- Social Services (Socialnämnden) – The local social services office initiates the removal if they believe the child is in immediate danger.
- Administrative Court (Förvaltningsrätten) – The court must confirm or overturn the decision within seven days.
- Court of Appeal (Kammarrätten) – If the parents appeal, the case can go to a higher court.
Can Parents Challenge an Emergency Removal?
Yes. If your child has been taken under LVU emergency removal, you have the right to:
- Request an immediate court review – The Administrative Court must decide on the case within one week.
- A free lawyer – In all LVU cases, parents are entitled to a state-funded lawyer who will represent them at no cost.
- Present evidence – If social services’ claims are incorrect or exaggerated, you can submit evidence to counter their arguments.
- Suggest alternative care – If immediate removal is necessary, you can propose that the child stays with a relative instead of foster care.
Example: If social services removed a child due to suspected neglect, but the parents can prove they have taken corrective measures (e.g., medical care, housing improvements), the court may reconsider the removal.
What Happens Next?
After an emergency removal, the case follows these steps:
- The court reviews the case within seven days – If the court rejects the emergency removal, the child is returned home.
- If the court approves the removal, a full LVU hearing is scheduled – The child may remain in custody while social services investigate further.
- Parents can appeal – If you disagree with the court’s decision, you can appeal to the Court of Appeal.
- Regular reviews – LVU placements must be reassessed at least every six months.
Key Point: Emergency removals are not permanent. If you can prove that the situation has improved or that the removal was unjustified, you can request that your child be returned.
How Can a Free Lawyer Help?
In LVU cases, all parents have the right to a lawyer paid for by the state. This means you do not need to worry about legal costs when challenging an LVU decision.
A family law attorney can:
- Challenge the emergency removal decision in court.
- Ensure that social services follow proper procedures and do not overstep their authority.
- Gather and present evidence to prove that removal was unnecessary or that the child should be returned.
- Propose alternative solutions, such as supervised visits or placement with relatives instead of foster care.
Since legal costs are covered by the state, there is no reason to go through an LVU case without legal representation. A lawyer will defend your rights and work to reunite you with your child.
Summary
An emergency removal under LVU is an extreme measure taken when social services believe a child is in immediate danger. However, parents have the right to challenge the decision and request a court review within seven days. A lawyer is provided free of charge to all parents in LVU cases, ensuring that they have legal support throughout the process.
If your child has been taken under LVU emergency removal, you should seek legal assistance immediately to protect your rights and increase the chances of reuniting with your child.
