Apr 7, 2025
Notification of Concern and Investigation in Child Welfare Services – Rules and Rights
The Child Welfare Service relies on information to fulfill its responsibility of ensuring that children and young people receive necessary help, care, and protection at the right time. The provisions in Chapter Two of the Child Welfare Act concerning notification of concern and investigation are central mechanisms to ensure this information base, granting the Child Welfare Service both rights and obligations.
Review of Notifications of Concern
What is a Notification of Concern?
The term "notification of concern" was introduced with the Child Welfare Act of 2023, replacing the earlier term "notification." This change was made to clarify the subject of the inquiry. There are no specific requirements for what constitutes a notification of concern or how it must be presented.
A notification of concern may come from anyone—professionals, private individuals, or the children themselves—and can be submitted verbally or in writing, anonymously or with full name. It is up to the Child Welfare Service to determine whether an inquiry should be considered a notification of concern or if it is merely a general inquiry for advice and guidance.
The Obligation to Review
According to Section 2-1, first paragraph of the Child Welfare Act, the Child Welfare Service is obliged to review notifications of concern promptly, and no later than one week after they are received. All notifications must be reviewed, regardless of content, and the Child Welfare Service must assess whether the notification should be followed up with an investigation.
In addition to the one-week deadline, the law stipulates that the Child Welfare Service must assess whether the notification of concern requires immediate follow-up. This clarification means that an initial filtering of incoming notifications of concern must be performed as soon as possible. Particularly notifications of concern regarding violence or sexual abuse against children require swift follow-up.
Assessment and Dismissal
When the Child Welfare Service reviews a notification of concern, they must assess whether the conditions for an investigation are met—that is, whether the notification provides reasonable grounds to assume that conditions exist that may warrant measures.
If a notification of concern is dismissed without investigations, the dismissal must be justified in writing. The justification must include professional assessments. This requirement helps prevent erroneous dismissal of notifications and ensures proper documentation.
There is an exception to the requirement for justification for "obviously baseless notifications of concern." This is a narrow exception intended for cases where a notification is clearly unfounded, made with the intent of harassment, or pertains to matters outside the scope of the Child Welfare Act.
Feedback to the Reporter
When the Child Welfare Service receives a notification of concern, they are obliged to provide feedback to the reporter that the notification has been received. If the reporter is obliged to notify the Child Welfare Service, the feedback must also include information on whether an investigation has been initiated and later additional feedback when the investigation is concluded.
Investigation of the Child's Situation
Right and Duty to Investigate
The right and duty of the Child Welfare Service to conduct an investigation are based on Section 2-2 of the Child Welfare Act. The condition for conducting investigations is that there are "reasonable grounds to believe that conditions exist that may warrant measures under the Act." This implies a relatively low threshold and does not require extensive documentation.
The duty to conduct investigations exists regardless of whether a notification of concern has been received. The decisive factor is the knowledge the Child Welfare Service has about the child's situation.
Conducting the Investigation
The Child Welfare Act provides several guidelines for how investigations should be conducted:
The investigation shall cover the child's "overall care situation and needs"
It shall be conducted systematically and thoroughly enough to determine the necessity of child welfare measures
A plan for the investigation should be prepared
The investigation should be conducted "as gently as possible"
The requirement that the investigation should cover the child's overall care situation means that it can include the child's situation both where they reside, where they have visitations, or in other care settings the child may have. An investigation will typically include the child's home conditions, behavior and emotional needs, health and development, conditions in kindergarten or school, leisure activities, and other relevant factors.
The Act also provides specific provisions on conducting investigations:
The Child Welfare Service may engage experts to assist in the investigation
Bufetat can offer assessments of the care situation for children aged 0-6 years in cases with great uncertainty about serious neglect
An investigation can be conducted through home visits
The child may be taken to a hospital or other places for medical examination if there is suspicion of abuse or other serious offenses
Parents cannot oppose the Child Welfare Service or experts having conversations with the child in private
In particular cases, an investigation may also be conducted through an assessment at a center for parents and children. For children aged 0-6 years, such an assessment can occur with or without the parents' consent, but an assessment without consent requires a decision from the Child Welfare and Health Board.
Deadlines and Conclusion
An investigation should be conducted "promptly" and concluded "no later than three months" after the one-week deadline for reviewing the notification of concern has expired. In special cases, the investigation period may be extended up to six months.
Section 2-5 of the Child Welfare Act regulates how an investigation can be concluded:
Decision to dismiss the case
Decision to dismiss the case with the possibility of new investigation
Decision to implement measures
Request for measures to the Child Welfare and Health Board
Before an investigation is concluded, a "comprehensive assessment of the case" must be conducted. A decision to dismiss the case is considered an individual decision, ensuring documentation, justification, and opportunity for appeal.
In cases where a case is dismissed because the parents do not consent to recommended assistance measures, the Child Welfare Service may decide that a new investigation shall be carried out up to six months after the case was dismissed. The parents shall be informed of both the decision and when any new investigation will commence.
The Importance of Good Investigations
Thorough and properly conducted investigations are crucial for the Child Welfare Service to fulfill its responsibility of ensuring that children receive necessary help and protection. At the same time, an investigation represents an intrusion into the right to privacy for the child and the family.
Statistics from 2021 show that the Child Welfare Service received over 53,000 notifications of concern. Of these, 22 percent were dismissed, while the rest were followed up with investigations. Of all investigation cases concluded in 2021, nearly 36 percent led to the implementation of measures. Most investigations ended without any form of measure, while only a few resulted in requests for coercive measures for the Child Welfare and Health Board.
These figures underscore the importance of good investigations that both address the child's need for help and safeguard the legal security of the child and the family.
