Can social services in Sweden apply LVU (Care of Young Persons Act) to take a child with Asperger’s or autism into compulsory care? This is a common question we receive from concerned parents. The answer is not entirely straightforward, but it is important to understand that having a diagnosis alone is never a sufficient reason for compulsory care. In this article, we explain what the law says and what parents can do to protect their rights.
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What is LVU?
LVU stands for the Care of Young Persons (Special Provisions) Act in Sweden. It allows social services to place a child or young person into compulsory care against the parents’ wishes if the child is at serious risk of harm. This can be due to:
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Inadequate care or harmful conditions at home.
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The child’s own behavior, such as self-harm, criminal activities, or substance abuse.
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Can Asperger’s or Autism Lead to LVU?
No, a diagnosis alone is never a legal basis for LVU.
Asperger’s and autism are neurodevelopmental conditions that require specialized support, but social services cannot use the diagnosis itself as grounds for compulsory care.
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However, the overall situation surrounding the child may lead social services to consider LVU if, for example:
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The child exhibits severe behavioral challenges that pose a risk to themselves or others.
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The parents are deemed unable to meet the child’s special needs for structure and support.
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There are serious conflicts at home that put the child’s development at risk.
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Voluntary support measures have been tried but failed to improve the situation.
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What Is Required for Social Services to Apply LVU?
Social services must prove that:
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The child is at serious risk of harm if they remain at home.
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Voluntary interventions have been insufficient.
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Compulsory care is necessary to protect the child.
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It is important to understand that compulsory care should always be the last resort.
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What Is the Municipality’s Responsibility Before Considering LVU?
Before turning to LVU, the municipality and social services are required to:
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Offer voluntary support services, such as respite care, contact families, or family counseling.
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Collaborate with the school and healthcare providers to find suitable solutions for the child’s needs.
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Ensure that both the child and the parents receive the support they are entitled to under the Social Services Act and LSS (Act concerning Support and Service for Persons with Certain Functional Impairments).
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What Can You as a Parent Do if LVU Is Being Considered?
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Request a public legal representative. You have the right to legal assistance at no cost to you.
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Ask for written explanations of all decisions made by social services.
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Participate actively in meetings and suggest your own solutions.
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Document all your efforts to support your child.
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Seek legal advice early to protect your and your child’s rights.
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Do You Need Help With an LVU Case?
Have you been informed that social services are considering compulsory care under LVU?
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We have extensive experience helping parents in similar situations. We can assist you in dealing with social services and protect your and your child’s rights.
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