Section 9
The measures taken by the social welfare committee on behalf of the individual
shall be framed and conducted together with him and, if necessary, conjointly
with other public bodies and with organisations and other associations.
When a measure
affects a child, the child's attitude shall be clarified as far as possible.
Allowance shall be made for the child's wishes, having regard to its age and
maturity.
Section 50
The social welfare committee shall without delay open an investigation of matters
which have been brought to its knowledge by application or otherwise and which
may occasion action by the committee.
Information emanating
from an investigation and material to the determination of a matter shall be
securely stored.
Section 50a
In an investigation as to whether the social welfare committee needs to intervene
for the protection or support of a minor, the committee, in order to assess
the need for measures, may consult experts and otherwise make such contacts
as are needed. The investigation shall be conducted in such a way that no person
is unnecessarily exposed to injury or inconvenience. It should not be made more
extensive than is justified by the circumstances of the matter.
An investigation
as aforesaid shall be conduced with dispatch and shall be completed within four
months at the latest. The social welfare committee may resolve to prolong the
investigation for a fixed term if there are special reasons for so doing.
The person affected
by an investigation as referred to in subsection one shall be informed that
an investigation is being opened.
Section 51
The handling of matters relating to individual persons and the implementation
of decisions concerning supportive measures, care and treatment shall be documented.
The documentation shall show decisions and measures taken in the matter and
factual circumstances and events of importance.
Documents concerning
the personal circumstances of individuals shall be stored so as to be inaccessible
to unauthorised persons.
Section 52
Documentation shall be drawn up with respect for the privacy of the individual.
The individual shall be kept informed of the record entries and other notes
made concerning him. If the individual considers any entry in the documentation
to be incorrect, a note shall be made to this effect.
Section 56
Children aged 15 and over are entitled to represent themselves in judicial proceedings
and other matters coming under this Act.
Children under
this age should be given a hearing if this may help the investigation and may
not be presumed harmful to themselves.
Section 66
Chap. 1,
Section 5 of the Secrecy Act (1980:100) provides that, official secrecy notwithstanding,
the social welfare committee may report to the police any criminal offence impeding
the committee's activity. The same applies, under Chap. 14, Section 2 (5) of
the same Act, to certain offences against minors. The same section also provides
that secrecy does not prevent information concerning suspicion of a crime for
which a penalty of not less than two years' imprisonment is prescribed being
given to a prosecution authority, a police authority or some other authority
charged with taking action against the crime.
Official secrecy
notwithstanding, the social services shall supply
1. information as to whether a person is living in a home for care or residence,
if the information is requested, with reference to a particular case, by a court
of law, a prosecution authority, a police authority, an enforcement authority
or a tax authority,
2. information about a student, if material to proceedings concerning his exclusion
from higher education.
Section 71
Whosoever becomes apprised of anything which can imply that the social welfare
committee needs to intervene for the protection of a minor should report the
matter to the committee.
It is the duty
of authorities whose activities relate to children and young persons, as well
as other authorities in health and medical care and social services, to notify
the social welfare committee immediately if, in the course of their activities,
anything comes to their knowledge which may imply that the social welfare committee
needs to intervene for the protection of a minor. This also applies to the employees
of such authorities. The same duty of notification is also incumbent on persons
active in professional private activity concerning children and young persons
or other professional private activity in health and medical care or in the
context of social services. Concerning family counselling, the provisions of
subsection three apply instead.
It is the duty
of persons active in family counselling to notify the social welfare committee
immediately if in the course of their activity it comes to their knowledge that
a minor is being sexually exploited or maltreated in the home.
It is the duty
of authorities, officials and practitioners referred to in subsection two to
furnish the social welfare committee with all information which can be material
to an investigation of a minor's need of protection.
Concerning notification
by the Office of the Children's Ombudsman, the provisions of Section 3 of the
Children's Ombudsman Act (1993:335) apply.