The article exemplifies and discusses the self-determination right of children in foster care institutions, taking as its point of departure the act on adult responsibility towards children i foster care which became effective in Denmark on 1 January 2017. The background of the new act is, among other things that much doubt has existed among foster parents and members of staff in such institutions as regards the borderline between care and intervention. In principle, this is a question of balancing the duty of adults to bring up children, and the children’s right to self-determination and other basic rights. The act establishes that when children and young people are placed in foster care, the adult responsibility is transferred from their parents to the foster families or members of staff in the foster care institutions. This authority includes the possibility to take the necessary intervention action towards the children and young people in foster care. The act stipulates rules as regards the application of physical force to a child or young person in foster care, and introduces the concepts of physical guiding and preventive assistance, which do not correspond to the use of force. The act introduces the authority to carry out drug and alcohol testing, however only on a voluntary basis. It also includes regulations regarding house rules. The purpose of the article is to contribute to the establishment of the concept of adult responsibility towards children in foster care, thus rendering visible the legalisation of upbringing actions. It is assessed if the act has abolished the grey areas, as intended.
|Journal||Nordisk socialrättslig tidskrift|
|Number of pages||35|
|Publication status||Published - Oct 2017|