The Care of Young Persons Act (LVU) is a Swedish law that allows authorities to take children into protective custody if they are deemed to be in danger. This law is meant to ensure the safety and well-being of children when their home environment is considered harmful. However, LVU cases can be highly emotional and legally complex, especially for parents who feel their rights have been violated. Below, we explain how LVU works, what legal rights parents have, and how to challenge an LVU decision.
What is LVU?
LVU (Lagen med särskilda bestämmelser om vård av unga) allows Swedish social services to place children in protective care without parental consent if there is a serious risk to the child’s health or development. This law applies when:
- A child is suffering from neglect, abuse, or violence at home.
- A parent fails to provide necessary care or supervision.
- A child is engaging in self-destructive behavior, such as drug abuse or criminal activity, and the parents are unable to intervene.
Social services must first try voluntary measures under the Social Services Act (SoL) before initiating an LVU case. If the parents refuse help or if voluntary measures are deemed insufficient, LVU can be enforced.
Who Decides on LVU?
- Social Services (Socialtjänsten) – Initiates the investigation and makes a request for LVU.
- The Administrative Court (Förvaltningsrätten) – Decides whether LVU should be enforced based on evidence and expert opinions.
- The Court of Appeal (Kammarrätten) – Handles appeals from parents or guardians who contest the decision.
If an emergency situation arises, social services can order an immediate removal (omedelbart omhändertagande) before a court ruling. The case must then be reviewed by the court within a short timeframe.
How Long Can a Child Be in LVU Care?
LVU is not permanent. The decision must be reassessed at least every six months. Parents can also request a review to have their child returned home if circumstances have changed. However, to regain custody, the parents must prove that the risk factors leading to LVU no longer exist.
Can Parents Challenge an LVU Decision?
Yes, parents have the right to appeal an LVU decision. The process includes:
- Hiring a lawyer – A specialized family law attorney can review the case and present arguments against LVU.
- Requesting a reassessment – If the child’s situation improves, parents can request a new court review.
- Challenging evidence – If social services have based their decision on incorrect or misleading information, parents can present counter-evidence.
- Proposing alternative solutions – Instead of LVU, parents can suggest placement with a relative or increased support at home.
Example: If a child was placed in LVU due to the parent’s financial struggles, but the situation has improved, the parent can argue for the child’s return.
What Rights Do Parents Have Under LVU?
- The right to a lawyer – The court assigns a legal representative to the parents, but they can also hire their own attorney.
- The right to appeal – Parents can challenge the LVU decision in higher courts.
- The right to visitation – Even if a child is placed in care, parents often have the right to maintain contact unless deemed harmful.
- The right to request changes – Parents can apply for more frequent visits or a review of the placement.
Is LVU Always Justified?
LVU is meant to protect children, but mistakes can happen. Some parents claim that social services misinterpret family conflicts or act too aggressively without providing adequate support. There have been cases where children were removed from their families due to cultural misunderstandings, biased investigations, or insufficient evidence.
This is why legal representation is crucial. A family law attorney can ensure that the parent’s rights are not violated and that all decisions are based on fair and accurate information.
Summary
LVU allows Swedish social services to remove children from their homes if they face serious risks. While the law is designed to protect children, it can also be misapplied, causing distress to families. Parents have the right to challenge LVU decisions, appeal in court, and propose alternative solutions. A skilled lawyer can make a significant difference in ensuring a fair process.
If you or someone you know is involved in an LVU case, seeking legal assistance is essential. Contact a qualified attorney to discuss your options.
