Dialogbaserte beslutningsprosesser i alvorlige barnevernssaker

Norwegian Child Welfare Services (CWS) have faced criticism for several years for inadequately protecting families and insufficiently including them in cases regarding alternative care. Despite the statutory right of children to participate in decisions affecting them, studies reveal that their voices are often neglected, and their perspectives insufficiently incorporated in decision-making leading to alternative care. Parents also report challenges in understanding child welfare assessments and may feel disrespected in the processes. To address some of these challenges, two methods called the Dialogue Process and The Dialogue Conference have been introduced. The Dialogue Process was initially introduced as a pilot scheme in 2016 across five Child Welfare Tribunals and was formally adopted as a permanent arrangement in all Tribunals in 2020. It represents a voluntary and alternative mediation form enshrined in Norwegian legislation (Child Welfare Act, 2021, § 14-14), with the objective of improving dialogue, fostering a shared understanding of the situation, and exploring less intrusive alternatives to coercive measures. Impartial third parties, including the Tribunal Chair and an expert Tribunal member, facilitate a dialogue supported by lawyers, wherein the parties endeavor to identify solutions that serve the best interests of the child. The Dialog Conference constitute a method developed by Karmøy Child Welfare Service, aimed at enhancing collaboration and participation among families involved in serious child welfare cases. Through dialogue facilitated by lawyers, the approach seeks to manage disagreements, establish mutual understanding, ensure cooperation, and jointly identify appropriate solutions for the child. These solutions may potentially reduce the need to pursue coercive proceedings before the Child Welfare Tribunal, which can be burdensome for families and resource-intensive for child welfare services. There exists limited research-based knowledge regarding these dialogue-based methods. Consequently, the project aims to collect comprehensive data by interviewing relevant stakeholders with experience in the dialog and conversation process, including adolescents, parents, lawyers, child welfare professionals, and administrators. The goal is to map participants’ experiences and perceptions of the methods. The project is expected to benefit both the services and the families encountered by the child welfare system.