SBV4200 Application of law in child welfare work Course description

Application of law in child welfare work is based on analyses of key legal issues arising in child welfare work. The focus is on the use of legal methodology to resolve legal issues in order to determine what is applicable law in an area. Students will gain insight into legal methodology and how to use judicial politics to argue their points. 

The language of instruction is Norwegian.  

None.

After completing the course, the student should have the following overall learning outcomes defined in terms of knowledge, skills and general competence:   

Knowledge 

The student has 

• in-depth knowledge of what a legal argument can be based on  
• in-depth knowledge of how to reason when deciding what is the applicable law  
• in-depth knowledge of which elements are legally relevant and the relative weight of the various elements in a legal argument  
• in-depth knowledge of the normative basis of jurisprudence and how it differs from other social sciences  
• in-depth knowledge of key issues in the field of child welfare  

Skills 

The student can 

• use legal methods to resolve legal issues in the child welfare field  
• apply the law in a sound manner  
• analyse and take a critical approach to different sources of information and use sources of law to structure and formulate professional arguments  
• critically analyse legal regulation of the child welfare service’s remit and exercise of authority 

General competence  

The student can 

• analyse legal issues  
• reflect critically on judicial policy issues in the child welfare field  
• reflect critically on judicialization processes that are not in the best interests of vulnerable children and adolescents and their families  
• contribute to innovative thinking on legal regulation in the field of child welfare  

The course is focusing on soundness and the rule of law in child protection work. It aims to further develop the knowledge from SBV 2400. A main subject for the course is the child's fundamental rights in child protection, like the right to care and protection, the right to participation and the rights for children in institutional care. Further, the legal requirements for procedural rights, investigation, documentation and decision making, are relevant subjects. Likewise, the human rights' thresholds for interference in private and family life according to ECHR Art. 8 will be given due weight. In addition, discretionary practice, from a child welfare point of view as well as a legal point of view, and the relation between facts and assessment, will be shed light on.

The language of instruction is Norwegian.

None.

After completing the course, the student should have the following overall learning outcomes defined in terms of knowledge, skills and general competence: 

Knowledge

The student has

• advanced knowledge of children's right to care and protection, as i.e. legal requirements for coercive measures and visitation rights
• advanced knowledge of children's right to participation and the best interests principle
• advanced knowledge of children’s rights in institutions and the limitations on use of coercive measures 
• advanced knowledge of the legal requirements according to the rule of law in child welfare procedures, i.e. prudence in assessment and decision-making, investigation, documentation and in the follow-up of measures

Skills 

The student can

• analyse and take a critical approach to the power of the child protection system and to one's professional practice
• be able to present, in writing as well as verbally, legal assessments and decisions, and distinguish them from child welfare assessments, and explain and document the professional basis for such assessments and decisions in accordance with applicable legal requirements

• apply legal methods to exercise sound legal judgement and decisions in child welfare work, to secure the rights of children and parents

General competence

The student can

• critically reflect on the role of the child protection system in society, in the light of human rights
• apply legal knowledge and skills to secure the rights of children and parents in professional practice
• identify and analyse risk areas in own activities and help to prevent failure and change practice as needed 

The teaching takes place with in-person attendance on campus. The course emphasises problem-based student-active forms of learning where students solve concrete assignments, in addition to lectures.

The following required coursework must have been approved before the student can take the exam:

• Coursework 1: An individual written assignment with a scope of 2,000 words (+/- 10%).

The purpose of the coursework requirement is to train students in writing legal texts.

The required coursework must be completed and approved by the stipulated deadline in order for the student to take the exam. If the coursework is not approved, the student will be given the opportunity to submit an improved version once by a given deadline.

The exam in the course is an individual supervised exam of 5 hours.

The following aids are permitted:

• The exam version of Lovdata Pro.