When a parent struggles with substance abuse, Swedish social services may intervene to protect the child. One of the strongest legal tools available is LVU – the Swedish Care of Young Persons (Special Provisions) Act. In this article, we explain what applies when social services consider compulsory care (LVU) for a child because of a parent’s substance abuse.
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What Is LVU?
LVU is a Swedish law that allows social services to apply for a court order to place a child or young person in compulsory care, even against the parents’ wishes, if there is a serious risk to the child’s health or development and voluntary support is not enough. LVU applies in cases where:
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The child is at risk in the home environment, for example due to parental substance abuse.
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The child’s own behavior is harmful, such as drug use or criminal activity.
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When Can LVU Be Applied Due to Parental Substance Abuse?
LVU may be considered if a parent’s substance abuse negatively affects the child, such as when:
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The child does not receive adequate care, such as food, clothing, or emotional support.
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The child is exposed to physical or psychological harm.
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The home is unsafe or chaotic because of the substance abuse.
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The parent is unable to prioritize the child’s needs.
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Substance abuse may include alcohol, narcotics, prescription medication, or other addictive substances.
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How Does an LVU Process Work in Sweden?
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Social services conduct an investigation, usually after receiving a report of concern.
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If social services believe the child is in danger, they can apply for an LVU order at the Swedish administrative court (förvaltningsrätten).
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The court decides whether the legal requirements are met and whether to approve compulsory care.
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The child may be placed in foster care, a temporary home, or another safe environment.
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What Must Be Proven for LVU to Be Approved?
The court must determine that:
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The child is at serious risk of harm due to the parent’s substance abuse.
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Voluntary measures have been tried but have not been sufficient.
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Compulsory care is necessary to protect the child.
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What Happens After an LVU Decision?
After a court decision under LVU, the child is usually placed outside the home. Social services are responsible for:
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Creating a care plan for the child.
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Monitoring the parent’s situation and the child’s needs.
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Working toward family reunification, if it becomes safe and appropriate.
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Legal Rights for Parents and Children
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The parent has the right to a public legal representative (paid by the state) during the LVU process.
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The child also has the right to legal representation, especially if the child is older.
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The decision can be appealed to the Swedish Administrative Court of Appeal (kammarrätten).
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Summary
Parental substance abuse can be grounds for compulsory care under Swedish LVU law if the child’s safety and well-being are at serious risk. However, the law requires that all voluntary support options must be tried first. Both parents and children have the right to legal assistance and to have the case reviewed by the court.
