Legal Services
You always have the right to request which lawyer will represent you during the court proceedings. Care orders may occur under three different types of legislation: LVU, LVM, and LPT.
LVU refers to the Care of Young Persons Act and becomes relevant in cases where a social welfare committee has decided to immediately take a child into care or apply to the administrative court for a care order under the Act. For such a measure to be applicable, the child’s environment or behaviour must involve a serious risk to the child’s health or development. We have extensive experience acting as legal counsel and public counsel in these types of cases, both for parents and as representatives for children.
LVM refers to the Care of Substance Abusers Act and becomes relevant when a person is taken into care by a social welfare committee due to substance abuse. Certain legal requirements must be met in order for compulsory care to be imposed. We have extensive experience acting as public counsel in these matters.
LPT refers to the Compulsory Psychiatric Care Act and becomes relevant when a person is taken into psychiatric care due to mental illness. The care may take place either in inpatient psychiatric care or in outpatient care where the individual must comply with specific conditions. In order for care to be provided against a person’s will, certain legal requirements must be fulfilled. We have very extensive experience acting as public counsel for individuals taken into care under the LPT.
Contact us for legal advice regarding Social welfare law
Questions and answers
Can I choose who will represent me?
You always have the right to request who will act as your public counsel in a social law matter. Your request should be submitted to the administrative court, social services authority, or healthcare institution handling your case.
What is the process for a care order under the LVU?
Proceedings under the LVU may begin either with a decision by the Social Welfare Committee to place a child or young person in immediate care, or with an application for care under the LVU submitted by the Social Welfare Committee to the Administrative Court.
If a decision on immediate care is made, the Administrative Court must review the decision within one week. If the decision is not submitted to the court for review within that time, the immediate care order will cease to apply. If the Administrative Court upholds the Social Welfare Committee’s decision, the Committee must apply for a care order within four weeks if it considers that the child should continue to receive care under the LVU.
When an application is submitted by the Social Welfare Committee, the Administrative Court will generally schedule an oral hearing. The hearing is attended by the legal guardians and their publicly funded counsel. The Social Welfare Committee is represented by the social services, typically through social workers and/or legal counsel. The child’s publicly funded counsel or legal representative is also present. If the child is over the age of 15, the child may also attend the hearing.
How long can my child remain in care under the LVU?
A child or young person may remain in care under the LVU only for as long as there is a need for such care. The Social Welfare Committee must continuously review the need for care and, at a minimum, reassess the situation every six months.
If the Committee concludes that there are no longer grounds for care under the LVU, the care must be terminated. Care may also be terminated if consent to voluntary care is provided by the legal guardians or, in certain cases, by the child if the child is over the age of 15.
Am I entitled to legal assistance if my child has been taken into care under the LVU?
As a legal guardian, you are entitled to legal representation, known as publicly funded counsel, if your child has been taken into care under the LVU. The court appoints the counsel, but you may request that a specific lawyer or jurist be appointed to represent you.
It is important to choose a legal representative with extensive knowledge of family law and the relevant legislation. The fees of publicly funded counsel are paid by the state.