2026 Amendments to the Child Welfare Act: How far can an institution go when protecting a child?
If your child is placed into a child welfare institution in Finland, you may wonder about their daily life, and the extent of the institution’s authority over the child’s life. What restrictive measures can the authority take? Can you or your child challenge this? How? And most importantly, how far can an institution go when protecting a child?
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11/4/20263 min read
Recently, notable amendments were made to the Finnish Child Welfare Act (Suomen Lastensuojelulaki) entered into force on 1 October, 2026. These changes attempt to protect those children who have been placed outside their homes, bring clarity towards what kind of powers the Child Welfare authority has, and make everyday life safer for children in substitute care, and will be realized in two phases, with provisions on institutional services for rehabilitation entering into force on 1 January, 2027.
If your child is placed into a child welfare institution in Finland, you may wonder about their daily life, and the extent of the institution’s authority over the child’s life. For example, can staff restrict a child’s use of their phone, limit how much contact the child has with other people, or prevent them from leaving the premises? A question of what the institution is legally allowed to do, and whether your child has any right to challenge these measures comes up. How far can an institution go when protecting a child?
What has changed under the new rules?
The amendments that have been made place a clear boundary between regular educational measures and formal restrictive measures. This is important, because everyday rules are not always legal restrictions, but stricter measures are ones that must be allowed by law, and meet specific requirements. For example, caregivers can establish reasonable everyday rules to ensure a child’s wellbeing and safety. However, not every punishment or rule can be considered an ordinary educational measure, particularly if it interferes with the child’s rights. In such an instance, the institution must take into consideration if the law permits them to impose that restriction, and whether the applicable criteria have all been met.
Talking with the child and understanding their opinion is always the first answer. However, restrictions may be imposed on children appropriate to their age and level of development, in the same way that parents would do as a part of normal upbringing. Any care or supervision can never be oppressive, or violate a child’s dignity in any way. Care home staff in child welfare institutions can remove from children any items whose possession is prohibited under any other Act, or items that may pose any type of safety risk, particularly if misused. Smart devices can also be confiscated in the event that the best interests of the child are compromised.
If a measure feels unjust, parents, guardians, or children aged 12 and above have a right to appeal in welfare matters that concern them, depending on the decision given.
What if my child leaves substitute care without permission?
In the event that a child leaves their care facility without permission, the new rules provide the authorities with strengthened powers in order to ensure the child is found as quickly as possible, and returned safely to their place of care. Under specific conditions, this can be done through cooperation with the Emergency Response Centre Agency (Hätäkeskuslaitos) to locate the child. The staff also has a right, if needed, to physically restrain a child if it prevents them from leaving the premises without permission, or to apprehend them and return them. If this happens, a non-intimate body search may be conducted, and substances or items may be taken from the child.
Under certain conditions, authorities may also enter an apartment to apprehend the child. When handling a child, only a necessary amount of force can be used.
What happens in the second phase of the amendments?
On 1 January 2027, provisions regarding a new, closed institutional service will also enter into force. Children who are aged 12 and above may be placed into this service, if they are assessed to be a serious risk to themselves or others, either due to violent behavior or other criminal acts, especially if other forms of care have been ineffective. The service will provide rehabilitation and long-term support.
In conclusion, the 2026 amendments aim to ensure the safety of children who have been placed in institutions by making clear what powers the Child Welfare Authorities and institutional staff actually have. Increased powers, however, do not mean unlimited control over a child. The child’s opinion must be heard, and any following measure taken must meet legal requirements. For both parents and young people, it is important to understand that ordinary educational rules differ from restrictive measures. If an action taken by the authorities feels unnecessary or unjustifiable, asking about its legal basis and seeking advice is always an option.
If you, or someone you know, have any personal questions regarding the well-being of their child, we are available to answer your questions. Contact us for further guidance.
Harshita Mardikar
Legal Intern,
Lakiasiaintoimisto Jeslor | Law Firm
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