Amendments to Child Welfare Act to strengthen means to safeguard everyday life for children in substitute care
Most of the first-phase amendments to child welfare legislation will enter into force on 1 October 2026. However, the provisions on a closed institutional service providing rehabilitation will enter into force on 1 January 2027. The amendments aim to strengthen children’s right to balanced development and protection and to improve the possibilities of child welfare services to ensure a safe everyday life for children.
The amendments will give child welfare authorities and substitute care units clearer and wider powers to carry out their work. They will also clarify the use of educational practices and restrictive measures in both family care and child welfare institutions. In addition, the Child Welfare Act will include provisions on a new closed institutional service providing rehabilitation.
Educational practices to support safe everyday life in substitute care
To ensure balanced development and protection for children, restrictions may be imposed on children according to their age and level of development in the same way as parents set limits for their children as part of normal upbringing. Care, upbringing and supervision can never be oppressive or violate a child’s dignity in any way.
In future, family carers, family care home staff or care staff in child welfare institutions may remove from children any items whose possession is prohibited under any other Act or which may pose a safety risk if misused. Smart devices may also be removed from children if the use of such devices compromises the best interests of the child.
Talking with children and hearing what they have to say are always the primary approach.
These educational practices will support the possibilities of substitute care units to provide children placed in care with a safe, adult-led and homely living environment. Everyday life may also include conflicts, and because of this, adults must have sufficient means to act in the best interests of the child.
More effective means to address unauthorised absences from substitute care
The legislative amendments will reinforce the powers of the authorities and child welfare institutions in situations where a child leaves their substitute care facility without permission. The aim is to find the child quickly and return them safely to their place of substitute care.
The care and education staff of child welfare institutions will have the right to physically restrain children and this way prevent them from leaving the premises. If, however, a child leaves the institution, the wellbeing services county that placed the child in care can, in certain cases, request the Emergency Response Centre Agency to locate the child’s device or where the subscription is used.
The care and education staff of child welfare institutions and the competent public officials working in social welfare will also have the right to apprehend children and return them to their institution. In these situations, they may physically restrain a child, conduct a non-intimate body search and remove substances or items from the child. Under certain conditions, competent social welfare authorities may also enter an apartment to apprehend the child. Only necessary and justifiable force can be used when apprehending the child.
New closed institutional service for rehabilitating children trapped in a vicious circle of crime
The Act now also includes provisions on a new closed institutional service providing rehabilitation that will enter into force on 1 January 2027. As a rule, children aged 12 or over can be placed in this service if they pose a serious risk to themselves or others by using violence or committing other criminal acts.
The service aims to provide long-term support and rehabilitation when other substitute care services or methods prove insufficient.
The state child welfare institution will be obliged to provide this service. The wellbeing services counties and the City of Helsinki can also provide the service themselves. At the same time, the counties and the City of Helsinki will be guided to establish child welfare service units that coordinate the skills and expertise in child welfare and psychiatry.
In addition, a new act will be enacted on the state child welfare institution and the school operating under it. The act will clarify the institution’s current state, position, duties and powers.
Parliament requires regulatory clarity and stronger early support in further preparation of Child Welfare Act
The reform of child welfare legislation continues. The public consultation round on the second-phase amendments lasted until 15 June 2026. The government proposal is due to be submitted to Parliament in autumn 2026.
Parliament requires that the second phase of the reform will improve preventive services supporting children and families, thus reducing the need for more intensive child welfare services. At the same time, the application of the Act, decision-making, requests for review and supervision must be clarified.
Parliament also stresses the importance of sufficient resources, supervision and the education, training and competence of staff when implementing the Act.
The Government must also monitor the operations of the coordinated units for child welfare and adolescent psychiatry and the impact of the closed institutional rehabilitative service on children’s rights and wellbeing. Children’s right to education, also at the upper secondary level, must be safeguarded during the closed service.
Inquiries:
Tiina Muinonen, Senior Ministerial Adviser, tel. +358 295 163 185
Susanna Hoikkala, Ministerial Adviser, tel. +358 295 163 482
Email addresses are in the format [email protected]