After Little Heart: The right to regain children may decrease

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After Little Heart: The right to regain children may decrease
Photo: Anders Wiklund/TT

The government is opening the way for children to be taken into compulsory care under the Youth Care Act if they live in criminal environments or are subjected to honor oppression. And the right of foster homes to keep a child should be able to outweigh the parents' right to regain custody.

Prime Minister Ulf Kristersson (M) and Minister of Social Services Camilla Waltersson Grönvall (M) are outlining the main lines of a draft for a legislative council referral at a press conference. It concerns additions, in practice a division of the current law on the care of young people, which will be presented in a finished version this spring.

“Children have their own rights,” says Ulf Kristersson, adding that these are rights that even parents are not allowed to violate.

Minister in tears

Both honor oppression and the risk of growing up in criminal environments should become new grounds for taking children into care by force, according to the Act on the Care of Young People, the Prime Minister and the Minister of Social Services emphasize. This should apply even if the care is otherwise good.

It is also an important signal to parents – we do not accept just anything in Sweden. It is not a freely chosen job to raise your children straight into crime, says Kristersson.

According to the Minister of Social Services, it will be up to social services to decide when the crime or honor violation is so serious that it requires care.

A new proposal is what they both call a "lex Lilla hjärtat" after a high-profile case five years ago when a little girl died of neglect shortly after her biological parents regained custody of her, despite the family home pleading to keep her, citing that it was in her best interests.

“This is the really big news today,” says Camilla Waltersson Grönvall, deeply moved, with tears in her eyes, about the proposal that she believes could have saved the life of the little girl, Esmeraldas.

– I am incredibly proud to stand here today. It will make a big difference for vulnerable children.

Sent for referral

When asked by TT whether the proposal could mean that it would be largely impossible for biological parents to regain custody of children, even if they have improved in all respects and proven capable, the Minister of Social Services replied that that is "absolutely not" the idea.

– If there is a good reason for the child to come back, it is clear that the child should return.

She says that it can be about how many years the child has been cared for in a family home, whether the child was an infant when taken into care, or the degree of attachment to the family home.

The government intends to present a legislative proposal and bill in the spring, but the draft legislative proposal will soon be sent out for consultation. It will be implemented into law on 1 January 2027.

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By TTEnglish edition by Sweden Herald, adapted for our readers

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