Norway’s Barnevernet System Due for Fair Process

Illustration by Christina Carlson
Illustration by Christina Carlson


Norway’s Barnevernet, established in 1992 to protect children from abusive families, has come under intense scrutiny in recent years for its severe lack of transparency and due process in how officials determine whether to remove children from their homes. The most recent example of breach in justice is the Bodnariu family case, who had their five children taken away for alleged abuse in November 2015. Although the youngest of the children was returned to the parents last month, the decisions made throughout the entire process were done with a startling lack of evidence and a lack of proper due process. This is fundamentally unfair and against the principles of a just and balanced legal system.

According to BBC, a group of 170 psychologists, lawyers and social workers wrote an open letter to Solveig Horne, condemning the Barnevernet as being “dysfunctional” and accusing it of making “far-reaching errors of judgment with serious consequences.” While the organization fulfilled its duties by taking a closer look at the Bodnarius’ parenting style — arguably to ensure that children’s rights, which are heavily protected in Norway — it is evident that at least some of their claims are questionable. Indeed, between 2008 and 2013 there was a spike in the number of children being placed in emergency care, going from approximately 1,000 a year to 1,600, with the most commonly cited reason being a “lack of parenting skills.” Another such example of cultural clashes was the Indian Bhattacharya family, who had their children taken away in 2011, according to New Delhi TV. Court documents later revealed that the Barnevernet officials were concerned for the children’s safety in part because “the arranged marriage between the mother and father which, while common in India, is not largely understood in Norway.”  Furthermore, it is important to note that a Norwegian journalist, cited by BBC, found that an immigrant mother is four times as likely to have her children taken away than any other other children. If Barnevernet officials choose to cite cultural differences as being problematic to a child’s upbringing, they must explain how they negatively impact the child, otherwise they should not be in such a powerful position to split families. Given that “lacking parenting skills” is highly subjective, it’s worrying that officials are willing to take such an extreme step on the basis of an ambiguous term that says nothing about the context in which an allegation is made. There also appears to be a disconnect within the Norwegian government itself, as the Barnevernet will act on its own and disregard the findings, or lack thereof, of other agencies, such as its own police force. Over five years ago, the Barnevernet removed two children from a Czech family because one of the kids claimed their father “groped inside their pajamas” according to Vice News. Police forces never pressed charges against the father, but the children still have not been returned to their parents and one of the boys was recently put up for adoption. A comment by a child needs to be addressed, but as the National Child Protection Training Center in the U.S. points out, the context of a child’s statement needs to be examined before any action is taken.

Barnevernet officials are often given wide authority to determine whether suspected abuse qualifies for sanctions, usually with little oversight or right to appeal. For the Bodnariu family, a school principal suspected the parents were spanking their children and subsequently reported the family, according to Vice. Although the Bodnariu parents admits to spanking their children (which is illegal under Norwegian law), Barnevernet officials did not find any physical evidence, marks or injuries, on the children, suggesting that any form of corporal punishment was not nearly enough to cause any damage. While corporal punishment is still a matter of debate, a single suspicion by a single school administrator should not justify such an extreme removal of the children from the family. Furthermore, the medical examinations were done after the children were indefinitely removed from the custody of their parents, not beforehand.This suggests that the officials were willing to split the family and find justification for doing so after the fact, which illustrates a concerning lack of due process. Barnevernet officials should not assume guilty until proven innocent, and the burden of proof for removing children from a family should be transparent and indisputable, which was not the case here.

Removing children from the care of their parents without any prior notice or investigation demonstrates an absence of due process. Furthemore, the Bodnariu family is unable to determine the exact details (outside of the most basic facts) of why their children were removed since Barnevernet documents and courts are private and not revealed to anyone outside the agency. While Barnevernet claims this is to protect the privacy of the children, this also prevents anyone else from reviewing the details for themselves. Barnevernet’s power, therefore, is unchecked and should be more transparent and fair so that more families do not get unnecessarily torn apart.

View Comments (14)
More to Discover
Donate to The UCSD Guardian
$200
$500
Contributed
Our Goal

Your donation will support the student journalists at University of California, San Diego. Your contribution will allow us to purchase equipment, keep printing our papers, and cover our annual website hosting costs.

Donate to The UCSD Guardian
$200
$500
Contributed
Our Goal

Comments (14)

All The UCSD Guardian Picks Reader Picks Sort: Newest

Your email address will not be published. Required fields are marked *

  • M

    Marianne Haslev SkanlandMay 31, 2016 at 6:02 am

    Indeed we see it, farbi. Unfortunately, the CPS of Norway – and it is more or less the same in all of the Western countries – has been basing their activities on quack psychology and too many social workers and psycho-babblers trained for many years now. So this ideology, ignoring the abuse against children done by the CPS, is going to go on until – – until what? People wake up, or a major disaster with all the children being made to grow up without their family and without freedom to seek their family?

    Reply
    • A

      Anthony Ianosel, L.C.Jun 5, 2016 at 5:32 pm

      Hello Marianne, good to see you making BVT going straight! They sure need people like you every day to remind them of their official responsibilities.
      Well, I had recently done significant (and decisive) work for a family of 6 children in a major city in the NW/USA–with a significant degree of success. There was another counsel beside me doing his part. The children were forcefully removed from the [Romanian] parents on the basis of an odious snitch which was babbling to CPA falsehoods about the family!
      After the documents were filed with the State court [a real court of law–judicial branch], and the hearing date came, the sitting judge denied all of the CPS motions. And the children will come home in this case! Curiously, the judicial branch of the State entertains all of these proceedings of removal /separation. As opposed to EU countries, such as Norway.
      Moreover, the Courts here in the NW/USA allow (and even encourage aggrieved parents) to file complaints against CPS abuses and violations of laws. No such luck in Norway! Yes, we filed a blistery complaint against CPS in our case, and the judge really was on it, and gave credit for informing him about CPS perpetrations.
      My take on Norway’s [demoniac-inspired] CPS system is that the abuses [such as in the Bodnariu’s case] will continue, and even will intensify in the years ahead. Because the society tolerates BVT to act with impunity, and most lawyers do not have the time to deal with CPS, as BVT is going astray from the Constitution. I also believe that Norway’s legislation is poorly framed, and does not help the families [such as Bodnarius] caught in the middle of controversy involving religion and parental rearing of their children. Therefore, implicating significant constitutional rights of parents and children. And attracting worldwide condemnation of various groups of people affected and offended by BVT. Even the condemnation of presidents of nations!

      Reply
  • F

    farbiMay 13, 2016 at 1:45 am

    Earl Richards, fair enough but in this case, they could imprison the parents for some time as a punishment if they broke the law. Just like it’s doing so the whole world. You break a law? You go to prison. And not punish the children by taking them from their home and extended family!!!! Don’t you see that people?

    Reply
  • R

    Robert LanceMay 13, 2016 at 12:04 am

    I have at least 3 cases, where BV perform GROSS abuse and took children directly from maternity:
    1. Aria of Ken Joar Olsen: https://www.facebook.com/search/top/?q=justice%20for%20baby%20aria%20and%20her%20family

    Reply
    • R

      Robert LanceMay 13, 2016 at 2:29 am

      2. May 2016 case published by Irina Haugane. New born baby was seized by CPS directly from surgery room without any notice. Mother never saw her baby.
      http://www.adressa.no/meninger/ordetfritt/2016/05/08/%C2%ABHun-har-b%C3%A5ret-gutten-fram-i-ni-m%C3%A5neder-og-f%C3%A5r-ikke-se-han%C2%BB-12705057.ece?cx_Deling=AddThis

      Reply
    • R

      Robert LanceMay 13, 2016 at 2:34 am

      3. Twins of Natasha and Erik seized 2 hours after birth in April 2016:
      Norway attorney Gro Hillestad Thune (former ECHR judge) stated CLEARLY: “A violation of human rights”. Please check here:
      http://www.tv2.no/v/1035003/

      Reply
    • K

      Ken Joar OlsenJun 5, 2016 at 2:10 pm

      Thank you for mentioning this…

      Reply
      • R

        Robert LanceJun 6, 2016 at 8:18 am

        You are welcome, Ken. At least I can let the world know about bluffing official propaganda. We are full of it! Norway government must accept BV mistakes and change child welfare system completely! I hope your family will get Aria back ASAP.

        Reply
  • R

    Robert LanceMay 12, 2016 at 11:57 pm

    Please read (d) paragraph of Section 4-12 . Care orders below from Child Welfare Act of Norway: https://www.regjeringen.no/contentassets/049114cce0254e56b7017637e04ddf88/the-norwegian-child-welfare-act.pdf
    Section 4-12 . Care orders.
    A care order may be made
    (d) if it is HIGHLY PROBABLE that the child’s health or development MAY BE seriously harmed because the parents are unable to take adequate responsibility for the child.
    This means parents are punished BEFORE they committing any deeds. They are punished for they are PROBABLY supposed to do in FUTURE. Why this is not applied for criminals too? No one in this world, not even Buddha, Allah or God punish a deed BEFORE it is committed. But Norway CPS/BV does. Do you see the picture NOW?

    Reply
  • R

    Robert LanceMay 12, 2016 at 11:21 pm

    Norwegian lawyer Olav Sylte: Last week of April, various child welfare offices in Norway kidnapped more than 20 children, and placed them at a secret location without informing parents about it. Meanwhile, the parents were thrown in the isolation cell and kept under lock and key.
    http://www.advokatsylte.no/barn/barnevernbanden-slo-til-igjen

    Reply
  • E

    Earl RichardsMay 9, 2016 at 5:33 am

    See, http://www.nospank.net. It should be against the law for adults to hit small children.

    Reply
    • F

      farbiMay 13, 2016 at 1:46 am

      Earl Richards, fair enough but in this case, they could imprison the parents for some time as a punishment if they broke the law. Just like it’s doing so the whole world. You break a law? You go to prison. And not punish the children by taking them from their home and extended family!!!! Don’t you see that people?

      Reply