Balancing child participation and protection in emergency cases: Ensuring the child’s best interests

Abstract

This paper explores the complexities surrounding child participation in emergency child welfare (CW) settings, focusing on Norwegian child welfare services professionals (NCWSPs). Based on interviews with 17 NCWPs, we examined how the dual imperatives of protecting children in crisis while respecting their rights to participate in decision-making processes are navigated in practice. Our findings underscore that the challenges faced by professionals in balancing these competing principles are deeply embedded in a binary approach to participation as granting or denying the child’s wishes. The study advocates for the adoption of a deliberative approach as a means to assist professionals in making decisions that are both normatively sound and legitimate, ensuring children's voices are heard without compromising their safety. We argue that such an approach is crucial for ensuring a comprehensive assessment of the child’s best interests, effectively reconciling children’s rights to protection and participation in emergency contexts. In order to achieve this, a team-based approach to assessments and decision-making is considered essential. The analysis is grounded in deliberative theory, which is introduced as a key framework for understanding and enhancing the legitimacy of emergency CW decisions.