Appeal Against Emergency Orders
When parents or a child (with their own rights as party) disagree with an emergency order, they may complain to the County Social Welfare Board (Board).
There are case management regulations for an appeal against an emergency order (In Norwegian klagesak). In such cases, the child has been placed out of the family home when the complaint is submitted to the board. Case management must be diligent. The law stipulates that the complaint, also referred to as an appeal against an emergency order, must be processed within one week after receipt of the case by the board.
The complaint must be addressed directly to the board, and may be submitted in writing or verbally. It is not necessary to go to the municipal child welfare service first. An attorney will be named and paid for by the state for those who have the right to submit an appeal. Most people will contact their own attorney to submit an appeal.
In order to adopt a decision within the one week deadline, the board does not handle case management for appeals in the same way it handles case negotiation meetings. The board summons the parties to a meeting with the board chair. This meeting does not usually take more than 3 hours. Both parties will be represented by their respective counsels, and have the opportunity to make statements and ask questions to the board chair. If there is a sufficient amount of available time and the board allows it, the parties can present witnesses and documents.
The same rules apply when drug and/or alcohol addicts have a compulsory emergency order placement.
1. Complaint lodged
Parents or children with rights (as parties) may lodge a complaint, referred to as an Appeal Against Emergency Order.
2. Case preparation
The board prepares the case and summons the parties to a meeting which does not usually take more than 3 hours.