Custody Transfers of Children and Young Adults in Foster Care

Abstract

The high-profile case of “Little Heart”, a 3-year-old girl who, shortly after being reunited with her biological parents, was found dead in her home, has contributed to strengthening the rights of children placed in foster care in Sweden. However, the stability of children placed in foster care is not a new issue. In the last decade, the number of custody transfers has more than doubled. In this study, critical discourse analysis was used to study which discourses on children’s needs and parental rights had guided 89 district court decisions. The results show that custody transfer takes place at a younger age and is still based on an adult perspective, and children’s voices and wishes are often overlooked. The dominant discourses in the submissions of the social services, as well as in the district court decisions, are about continuity, connection, and security, concepts and formulations that are replicated from the preparatory work for the legislation. This study demonstrates the need for expertise and reflection in custody investigations into how questions are asked and how the responses are conveyed, as well as the need to intensify and strengthen the work of making children involved and heard in accordance with the aims of the Children’s Convention.