Gennemførte tilsynsbesøg på børneområdet i 2024

Children’s and young people’s home (partly closed places)

Announced visit

Tours

Talks with 6 staff members, management and 4 parents

IMR and DIGNITY participated.

The visiting team recommended that ‘Specialinstitutionen Skodsborg’

• update the internal guide about prevention and management of use of force or coercion to also include the requirements of the adult responsibility legislation which apply especially to partly closed residential institutions and partly closed wards in residential institutions – alternatively draw up a separate guide thereon
• ensure that the young people and custodial parents in connection with the placement are informed of their rights in relation to use of force, coercion and other interventions in the right to self-determination, including their right to complain to the National Social Appeals Board and the Municipal Council, respectively, and that it is considered to draw up written information thereon
• ensure that the deadlines for recording and reporting use of force, coercion and other interventions in the right to self-determination are observed, including in connection with reporting use of physical force under Section 9 of the Act on Adult Responsibility, detainment under Section 12 of the Act, manual restraint under Section 13 of the Act, and searches of persons and rooms under Section 16 of the Act
• ensure that the information material ‘Tilbageholdelse på delvis lukket afdeling’ (Detainment in partly closed ward) is in accordance with the relevant rules of the adult responsibility legislation
• ensure that detainment and manual restraint are only used if there is a decision to do so and a more specific framework for this from the Municipal Council; cf. Sections 12 and 13 of the Act on Adult Responsibility
• revise the house rules so that they contain all mandatory house rules that apply to a partly closed residential institution or a partly closed ward in a residential institution
• install door alarms at the entrance to rooms of young people who are placed in a partly closed ward; cf. Section 16 b of the Act on Adult Responsibility

Children’s and young people’s home (partly closed places)

Announced visit

Tours

Talks with 4 users, 5 parents, management and 3 staff members

DIGNITY participated.

Anbefalinger: 

• Opdaterer den interne vejledning i lov om voksenansvar, så den tillige omfatter de krav i voksenansvarslovgivningen, der gælder særligt for bl.a. delvis lukkede døgninstitutioner og delvis lukkede afdelinger på døgninstitutioner – alternativt udarbejder en særskilt vejledning herom for Nødebogård Bagsværd.
• Sikrer, at de unge og forældremyndighedsindehavere i forbindelse med anbringelsen informeres om deres rettigheder i relation til magtanvendelse og andre indgreb i selvbestemmelsesretten, herunder adgangen til at klage til henholdsvis Ankestyrelsen og kommunalbestyrelsen, og at det overvejes at udarbejde skriftlig information herom.
• Ajourfører den skriftlige klagevejledning til forældre i overensstemmelse med voksenansvarslovgivningens regler.
• Alene registrerer én magtanvendelse eller andet indgreb i selvbestemmelsesretten pr. indberetningsskema.
• Sikrer, at alle medarbejdere har fornødent kendskab til de regler i voksenansvarsloven, som gælder særligt for bl.a. delvis lukkede døgninstitutioner og delvis lukkede afdelinger på døgninstitutioner, herunder betingelserne for tilbageholdelse efter VAL § 12 og fastholdelse efter VAL § 13 – f.eks. ved et målrettet kursus herom.
• Sikrer, at der alene træffes beslutning om tilbageholdelse og fastholdelse, hvis der foreligger en afgørelse og nærmere fastsatte rammer herfor fra kommunalbestyrelsen, jf. VAL §§ 12 og 13.
• Reviderer husordenerne, så de indeholder alle de obligatoriske husordensregler, der gælder for en delvis lukket døgninstitution eller delvis lukket afdeling på en døgninstitution, og i den forbindelse overvejer, om den formulering, der anvendes i husordenerne om erstatningsansvar, er retvisende.

Children’s and young people’s home (partly closed residential institution)

Announced visit

Tours

Talks with 3 users, 6 staff members, management and 6 parents

DIGNITY and IMR participated.

The visiting team recommended that ‘MultifunC Midtjylland’

• ensure that a copy of the reporting form for use of force, coercion and other interventions in the right to self-determination is sent to the placing municipality without undue delay; cf. Section 22(3) of the Executive Order on Adult Responsibility
• ensure that door alarms are used in accordance with the relevant rules of the adult responsibility legislation
• ensure that all staff members are sufficiently familiar with the instruction ‘Observation af symptomer på abstinenser, Instruks for DOK’ (Observation of withdrawal symptoms, Instruction for DOK)
• ensure that the description of the use of drug testing in the leaflet ‘Velkommen til MultifunC’ (Welcome to MultifunC), which is handed out to the young people, and the instruction ‘Misbrugstestning, instruks for DOK’ (Drug testing, instruction for DOK) are in accordance with the relevant rules of the adult responsibility legislation

Children’s and young people’s home (partly closed places)

Announced visit

Tours

Talks with 4 users, 6 staff members, management and 4 parents

IMR and DIGNITY participated.

The visiting team recommended that ‘Nexus’

• ensure that all staff members and temporary staff are sufficiently familiar with the rules on use of physical force according to Section 9 of the Act on Adult Responsibility, including how physical force should be carried out in practice, and know that, when using the provision in Section 9(5) of the Act on Adult Responsibility, only violations of the mandatory house rules may be stopped by using physical force
• revise the in-house guide ‘Voksenansvarsloven – kort fortalt’ (The Act on Adult Responsibility – in brief) to show partly that, when using the provision in Section 9(5) of the Act on Adult Responsibility, only violations of mandatory house rules may be stopped by using physical force, and partly what conditions must be met according to Sections 12 and 13 of the Act on Adult Responsibility in order to detain and restrain children and young people
• ensure that the young people and custodial parents in connection with the placement are informed of their rights in relation to use of force, coercion and other interventions in the right to self-determination pursuant to the adult responsibility legislation, including their right to complain to the National Social Appeals Board and the Municipal Council, respectively, and that the information material ‘Nexus’ Ungemappe’ (Nexus’s Youth Folder) and ‘Nexus’ Forælderfolder’ (Nexus’s Parent Leaflet) is revised so that the material contains clear guidance thereon
• ensure that reports about use of force, coercion and other interventions in the right to self-determination contain a sufficient description of and grounds for the intervention, and ensure continued focus on observing the deadlines for registration and reporting
• ensure that detainment and manual restraint are only used if there is a decision to do so and a more specific framework for this from the Municipal Council; cf. Sections 12 and 13 of the Act on Adult Responsibility
• ensure that in connection with searches of persons or rooms, a list is drawn up of confiscated objects which belong to a child or a young person, and that a copy of the list is given to the child or young person
• ensure that door alarms are used in accordance with the relevant rules of the adult responsibility legislation
• consider drawing up guidelines on prevention of violence and abuse
• ensure that the information material ‘Nexus’ Ungemappe’ (Nexus’s Youth Folder) and ‘Nexus’ Forældrefolder’ (Nexus’s Parent Leaflet) is revised so that the material is in accordance with the adult responsibility legislation and that the language usage in the material is adapted to suit the nature of the institution

Children’s and young people’s home (partly closed places)

Announced visit

Tours

Talks with 5 staff members, management and 1 parent

DIGNITY participated.

The visiting team recommended that ‘Bakkegården’

• ensure that the deadlines for recording and reporting use of force, coercion and other interventions in the right to self-determination are observed, including in connection with reporting use of physical force under Section 9 of the Act on Adult Responsibility, detainment under Section 12 of the Act and searches of persons and rooms under Section 16 of the Act
• ensure that the custodial parent without undue delay is informed that force, coercion or other interventions in the right to self-determination have been used
• ensure that reports about use of force, coercion and other interventions in the right to self-determination contain a sufficient description of and the grounds for the use of force or coercion
• ensure that all staff members are sufficiently familiar with the rules of the Act on Adult Responsibility which apply especially to, among others, partly closed residential institutions and partly closed wards in residential institutions, including the conditions for detainment under Section 12 of the Act and manual restraint under Section 13 of the Act – for instance via a targeted seminar thereon
• ensure that ‘Vejledning ifm. aktivering af delvis lukket’ (Guide in connection with activation of partly closed) is in accordance with the rules of the adult responsibility legislation on detainment in partly closed residential institutions and partly closed wards in residential institutions
• ensure that detainment and manual restraint are only used if there is a decision to do so and a more specific framework for this from the Municipal Council; cf. Sections 12 and 13 of the Act on Adult Responsibility
• ensure that all staff members have the necessary knowledge of the rules about searches of persons and rooms in Section 16 of the Act on Adult Responsibility
• ensure that in connection with searches of persons or rooms, a list is drawn up of confiscated objects which belong to a child or a young person, and that a copy of the list is given to the child or young person
• ensure that staff have sufficient knowledge of observation and treatment of children and young people who have or are at risk of developing withdrawal symptoms or are under the influence, for instance by drawing up written guidelines thereon
• ensure that the physical environment of the partly closed ward is designed in such a way that outer doors and windows are locked only for children and young people detained under Section 12 of the Act on Adult Responsibility
• continue to ensure that the rules on schooling in all subjects are observed
• continue to ensure that the rules on schooling with full hours are observed

Children’s and young people’s home (partly closed places)

Announced visit

Tours

Talks with 7 users, 7 staff members, management and 8 parents

IMR and DIGNITY participated.

The visiting team recommended that ‘Grenen-Glesborg’

• ensure that decisions about initiating searches of persons or rooms or of activating a door alarm are always made by the head of the institution or by the head’s deputy
• ensure that door alarms are used in accordance with the relevant rules of the adult responsibility legislation

Children’s and young people’s home (partly closed residential institution)

Announced visit

Tours

Talks with 2 users, 5 staff members, management and 3 parents

DIGNITY participated.

The visiting team recommended that ‘Ungehuset Røjleskov’

• ensure that reports about use of force, coercion and other interventions in the right to self-determination contain a sufficient description of and the grounds for the intervention
• ensure that all staff members are sufficiently familiar with the rules of the Act on Adult Responsibility which apply especially to, among others, partly closed residential institutions and partly closed wards in residential institutions, including the conditions for detainment under Section 12 of the Act and manual restraint under Section 13 of the Act
• revise the house rules so that they are in accordance with the rules of the adult responsibility legislation
• ensure that any descriptions of the term ‘runaways’ in the house rules and in other material which is given to the young people are in accordance with the adult responsibility legislation
• ensure that indoor communal areas have TV surveillance in accordance with the relevant rules of the adult responsibility legislation
• ensure that staff have sufficient knowledge of observation and treatment of children and young people who have or are at risk of developing withdrawal symptoms or are under the influence, for instance by drawing up written guidelines thereon
• ensure that, to the relevant extent, a general consent to the use of drug testing of the young people is obtained, either when they are placed in the institution or during the placement if the need for using a test occurs

Children’s and young people’s home (secure residential institution with a special secure ward)

Unannounced visit

Tours

Talks with 7 users, 8 parents, management and 5 staff members

DIGNITY participated.

The visiting team recommended that ‘Grenen-Dalstrup’

• ensure that the institution’s guidelines and practice for searches of persons are in accordance with Section 16(6) of the Act on Adult Responsibility
• ensure that there is a procedure for checking the calling system in the solitary confinement rooms
• continue to ensure that the deadlines for recording and reporting use of force, coercion and other interventions in the right to self-determination are observed, including in connection with use of physical force under Section 9 of the Act on Adult Responsibility, solitary confinement under Section 14 of the Act and searches of persons and rooms under Section 16 of the Act

Children’s and young people’s home (secure places)

Announced visit

Tours

Talks with 6 users, 5 parents, management and 4 staff members

The visiting team recommended that ‘Bakkegården’

• continue to ensure that the deadlines for recording and reporting use of force, coercion and other interventions in the right to self-determination are observed, including in connection with use of physical force under Section 9 of the Act on Adult Responsibility and searches of persons and rooms under Section 16 of the Act
• continue to ensure that reports about use of force, coercion and other interventions in the right to self-determination contain a sufficient description of and the grounds for the intervention
• ensure that the custodial parent without undue delay is informed that force, coercion or other interventions in the right to self-determination have been used
• ensure that staff have sufficient knowledge of observation and treatment of children and young people who have or are at risk of developing withdrawal symptoms or are under the influence, for instance by drawing up written guidelines thereon