Barnets beste som juridisk argument i begrunnelser og beslutninger i barnevernet

Abstract

This chapter discusses the rules of law that apply when considering the best interests of the child, and how these may actively be used as arguments in a Child Protection Services (CPS) case. The primary focus is linked to the Child Welfare Act and the decisions and justifications of the CPS; however, the goal has also been to look at the national rules in the context of human rights. This applies particularly to the best interests of the child as a basic value of the UN Convention on the Rights of the Child. To understand an area of law it may also be necessary to have insight on the developments in this field. Discussions are being raised about making the quality of attachment a principle in its own right, about the child’s independent right to child protection services and the child’s right to participate and have influence. New challenges have been raised in the wake of decisions by the ECHR, where several judgments have been quite critical of Norwegian child protection practices. The impending new Child Welfare Act in Norway will affect CPS’ legal basis for the decisions it makes in the future. There is much to indicate that we are living in a time when the different interpretations of the best interests of the child are emerging more clearly.