Sections of law
Guardianship in child protection is based on the UN Convention on the Rights of the Child. Furthermore, the Constitution of Finland stipulates that children shall be treated equally and as individuals and that they shall be allowed to influence matters pertaining to themselves.
Applying for a guardian in conjunction with a child protection case is currently enabled by the Act on the Status and Rights of Social Welfare Clients and, as of the beginning of 2008, the Child Welfare Act.
Certain sections of the Guardianship Services Act will also be applied when applying for a guardian’s appointment.
Background material related to the law
The background and grounds for the Child Welfare Act and guardianship in child protection cases are provided in the Government bill for the Child Welfare Act and for other related acts (Government Bill 252/2006; not translated in English) and in the memorandum of the working group preparing the general amendment of the Child Welfare Act (Ministry of Social Affairs and Health reports 2006:25).
The Finlex website also contains the Supreme Court decision (2004:44; not translated in English), which is significant to the issue of guardianship in child protection cases.