Act no. 81 of 13 December 1991 relating to Social Services etc.
(as amended, most recently on 4 June 1993 in connection with the new Local Government Act)
Chapter 1. Purpose, scope and extent of the Act
Section 1-1. Purpose of the Act
The purpose of the present Act is
a) to promote financial and social security, to improve the living conditions of disadvantaged persons, to contribute to greater equality of human worth and social status, and to prevent social problems,
b) to contribute to giving individuals opportunities to live and reside independently and to achieve an active and meaningful existence in community with others.
Section 1-2. Scope and extent of the Act
The provisions in the Act concerning services and measures apply to everyone staying in the Realm. The King can issue Regulations (1) limiting the application of the Act in respect of persons who are not Norwegian nationals, or who do not have a place of residence in the Realm. The King can also issue Regulations relating to the application of the Act to persons staying abroad but with connections with the realm.
The King can issue Regulations relating to the application of the Act on Svalbard.
(1) Regulation of 4 December 1992, Chapter 1.
Chapter 2. Responsibilities and administration
Section 2-1.(1) Responsibility of the municipality for social services
The municipality is responsible for carrying out those tasks according to the Act which are not assigned to the county municipality or to a central government body. Each municipality shall have a social service with a Social Welfare Administration which shall be headed by a Municipal Health and Social Welfare Committee, cf. Act no. 70 of 12 June 1987 relating to Municipal Health and Social Welfare Committees.
(1) Amended by Act no. 85 of 11 June 1993 (in force from 1 January 1994, see its Chapter III).
Section 2-2. (Repealed by Act no. 85 of 11 June 1993 (in
force from 1 January 1994, see its Chapter III.)
Section 2-3.(1) The Social Welfare Administration in municipalities
The municipality is responsible for the necessary training of social service personnel. Employees are obliged to take part in any training decided on and considered necessary for the maintenance of their qualifications. The King can issue Regulations relating to training.
(1) Amended by Act no. 85 of 11 June 1993 (in force from 1 January 1994, see its Chapter III).
Section 2-4. Responsibilities of the county municipality
The county municipality is responsible for the performance of the tasks assigned to it according to Sections 7-1 to 7-4.
Section 2-3 applies correspondingly to the county municipality.
Section 2-5. Duties and authority of the central government administration
The Ministry shall
a) see that the Act and Regulations and other provisions which apply to services and measures according to the present Act are applied correctly and so as to advance the purposes of the Act in a helpful and appropriate manner,
b) ensure that experience with the Act is assessed, and that necessary amendments to the rules are made,
c) issue the guidelines and instructions necessary for the achievement of the aims mentioned in litra a),
d) take steps to encourage the initiation of research which may be of significance in the fulfilment of duties according to the Act,
e) ensure that satisfactory options are available for the training of personnel, and that those who are to apply the Act receive proper guidance generally,
f) ensure that information material is prepared which the social service can use, cf. Section 3-5.
The Ministry can require municipal and county municipal agencies to which this Act applies, notwithstanding the duty of secrecy, to give such information and notifications as are necessary to enable the Ministry to carry out its duties according to the first paragraph. The same applies to institutions and homes with 24-hour caring services covered by Chapter 7 of the Act. The Ministry can demand access to all institutions and homes with 24-hour caring services to which Chapter 7 applies.
Chapter 3. General duties of the social service
Section 3-1. General preventive work
The social service shall acquaint itself with living conditions in the municipality, pay special attention to aspects of its development which may create or prolong social problems, and seek to devise measures which may prevent such problems.
The social service shall seek to provide suitable conditions for the development and strengthening of social community and solidarity in the local environment.
By means of information and visits and outward activities, the social service shall work to prevent and combat the misuse of alcohol and drugs and spread knowledge of the harmful effects of such misuse.
The social service shall work to encourage the adoption of welfare and activity measures for children, the elderly and disabled, and others in need of them.
Section 3-2. Cooperation with other sectors of the administration
The social service shall help to see that other public agencies of importance to the work of the social service take social considerations into account. The social service shall cooperate with other sectors and levels of the administration when this can facilitate the performance of the tasks assigned to it according to the present Act. As part of its performance of such tasks, the social service shall issue statements and advice and take part in municipal and county municipal planning (1) and in such cooperative agencies as are established.
If the services to be provided by other parts of the administration for people with special needs for assistance are found to be unsatisfactory, the social service shall if necessary take the matter up with the person responsible. In the event of uncertainty or disagreement as to where the responsibility lies, the social service shall seek to clarify the issue.
(1) See Sections 9-3 and 12-3 of Act no. 77 of 14 June 1985.
Section 3-3. Cooperation with voluntary organizations
The social service should cooperate with user group organizations and with voluntary organizations which are engaged in the same tasks as the social service.
Section 3-4. Housing for the disadvantaged
The social service shall help to provide housing for persons who are unable to look after their own interests in the housing market, including specially adapted housing and housing offering aid and protection facilities for those who because of age or disabilities or for other reasons need them.
Section 3-5. Information
The social service shall publicise information about social conditions and services in the municipality.
Chapter 4. Social services etc.
Section 4-1. Information, advice and guidance
The social service shall provide information, advice and guidance which can help to resolve or prevent social problems. If the social service is unable to provide such assistance itself, it shall as far as possible ensure that others do so.
Section 4-2. Services
Social services shall comprise
a) practical assistance and training for those who are in special need of assistance owing to illness, disability, or age or for other reasons,
b) measures to provide respite for persons and families with especially burdensome caring work,
c) support contacts for persons and families in need of them owing to disability, age or social problems,
d) places in institutions or accommodation with 24-hour caring services for those who need them owing to disability or age or for other reasons,
e) pay to persons with especially burdensome caring work.
Section 4-3. Help for those unable to care for themselves
Persons who are unable to care for themselves, or who are completely dependent on practical or personal help to manage their daily tasks, are entitled to help according to litra a-d of Section 4-2.
Section 4-4. Measures in connection with especially burdensome caring work
Persons with especially burdensome caring work (1) can request a decision by the social service on whether steps are to be taken to lighten the caring burden, specifying in the event the steps to be taken.
(1) See litra b of Section 4-2.
Section 4-5. Temporary accommodation
The social service is obliged to find temporary accommodation for those who are unable to do so themselves.
Chapter 5. Financial support
Section 5-1. Means of support
Those unable to support themselves by working or exercising financial rights are entitled to financial support.
The support should aim at making the person self-supporting.
The Ministry can issue recommended guidelines concerning levels of support.
Section 5-2. Support in special cases
In special cases, and even if the conditions in Section 5-1 are not met, the social service can grant financial assistance to persons who need it in order to overcome or adjust to difficult circumstances.
Section 5-3. Stipulation of conditions
Conditions can be stipulated for the granting of financial support, see also the third paragraph of Section 5-4 and Section 5-8. The conditions must be closely related to the decision, and not unreasonably restrict the freedom of action or choice of the recipient of the support. Nor must the conditions be contrary to other provisions in the present Act or in other Acts.
It can be stipulated that the recipient shall be employed in suitable tasks in his or her municipality of residence for as long as the financial support is received.
Section 5-4. Forms of support
Financial support is given in the form of grants, loans, loan guarantees, or goods and services.
Financial support in the form of a loan should be considered in the light of whether the recipient will be able to repay the loan.
If support is granted in the form of a loan or loan guarantee, the decision must contain provisions stating the terms and conditions of the loan.
If owing to special circumstances it must be assumed that the recipient of support will not use the support in accordance with conditions which have been stipulated (cf. Section 5-3), it can be decided that the support shall be given in whole or in part in the form of goods and services.
Section 5-5. Payment of support
Provided no decision has been taken as mentioned in the fourth paragraph of Section 5-4, support shall be paid to the applicant. If the support is intended to benefit more than one person, a decision can be taken to share it between them.
Section 5-6. Consequence of giving incorrect information
If support has been paid to a person because that person or someone acting on his or her behalf has deliberately or through gross negligence given incorrect information or suppressed information, it can be decided that the grant shall be paid back, or that an agreement concerning a loan or a loan guarantee shall lapse.
Section 5-7.(1) Recovery of loans, and other forms of cover
Claims for repayments of loans are grounds for enforcement by attachment of property. The same applies to claims which have arisen because the social service has met guarantee liabilities and claims for repayment based on Section 5-6.
(1) Amended by Act no. 83 of 11 June 1993.
Section 5-8. Refunds out of maintenance payments
The granting of support pending a decision on the applicant's claim for maintenance payments can be made conditional on the transfer of the right to the maintenance payments to the social service, which can enforce the claim for maintenance payments according to the rules which generally apply to such claims. The same applies to support granted because maintenance is being withheld.
Claims for refunds to the National Insurance Scheme according to Section 10 of Act no. 2 of 17 February 1989 relating to advances on maintenance payments and according to the fourth paragraph of Section 12-3 of Act no. 12 of 17 June 1966, the National Insurance Act, have priority over the claim for refunds of the social service according to the first paragraph.
Section 5-9. Refunds out of National Insurance benefits etc.
If a person receiving support is retroactively granted benefits according to the National Insurance Act (1) or Acts no. 21 and 22 of 13 December 1946, the Norwegian War Pension Laws, the social service can claim a full or partial refund out of the amount to be paid retroactively to meet its expenses for the same purpose and over the same period. If the recipient of the support is married, reimbursement according to the rule in the first period can also be claimed from the spouse provided the spouse has benefited from the payments.
(1) Act no. 12 of 17 June 1966.
Section 5-10. Reimbursement out of claims for repayment of taxes
If a person receiving support is entitled to a tax repayment according to his or her tax assessment, the social service can out of that amount claim reimbursement of social support paid to the recipient in the same year. If the recipient of the support is married, reimbursement according to the rule in the first period can also be claimed from the spouse provided the spouse has benefited from the payments.
Chapter 6. Special measures for alcohol and drug misusers
Section 6-1. Assistance
By means of advice, guidance and practical assistance, cf. Sections 4-1 and 4-2, the social service shall help individuals to stop misusing alcohol and drugs. Advice, guidance and help shall likewise be given to the families of the persons in question.
When necessary and when the client so wishes, the social service shall provide for a course of treatment. Such a course of treatment may among other things comprise the appointment of a support contact (1), the establishment of a support network at work, and contact with the primary health service or specialist services.
Should such assistance outside institutions prove insufficient, the social service shall provide a place in a suitable institution for care or treatment. If the need for such a place at an institution can not be met, the social service shall if necessary see that temporary measures are adopted.
The social service shall follow up the client through the course of treatment in conversations and if necessary on home visits, and by making arrangements for the measures required on the termination of a stay, if any, at an institution.
(1) See litra c of Section 4-2.
Section 6-2. Retention in an institution without the person's consent
If someone is endangering his or her physical or mental health by extensive and lasting misuse, and if help according to Section 6-1 is not sufficient, a decision can be taken that the person shall without his or her consent enter an institution for examination and the planning of treatment, and be kept there for up to three months.
A decision according to the first paragraph can only be taken if the institution is professionally and materially equipped to offer the person concerned satisfactory assistance in the light of the purpose of the admission to the institution.
A decision according to the first paragraph shall be taken by the County Board according to the rules in Chapter 9.
The social service can refrain from implementing a decision if circumstances so indicate. If the decision has not been implemented within six weeks, it lapses.
A provisional decision according to the first paragraph can be taken by the social service if it may be seriously detrimental to the interests the provision is intended to serve if a decision is not taken and implemented at once.
If a provisional decision has been taken, a proposal shall be sent to the County Board within three weeks. If the case has not been sent to the County Board within that time limit, the decision lapses.
Section 6-3. Retention in an institution on the basis of the person's own consent
If an alcohol or drug misuser enters an institution on the basis of his own consent, the institution can stipulate that the misuser shall be kept there for up to three weeks from the date of entry.
In connection with a stay in an institution for the purpose of treatment or training for at least three months, the condition can also be stipulated that the misuser can be kept there for up to three weeks after the consent has been expressly withdrawn. Such retention can only take place up to three times in each stay. If the misuser absconds, but is brought back within three weeks, the time limit for retention shall be reckoned from the date of the misuser's return to the institution.
Consent shall be in writing and shall be given to the management of the institution at the latest at the beginning of the stay. Before the misuser gives his or her consent, he or she shall be informed of any conditions as mentioned in the first and second paragraphs.
A child over the age of 12 with alcohol or drug problems can be institutionalised on the basis of consent from the child itself and those with parental responsibility. If the child is aged 16 or over, the child's consent is sufficient. (1)
(1) Cf. Chapter 5 of Act no. 7 of 8 April 1981.
Section 6-4. Special requirements to be met by county municipal plans
County municipal plans shall specify the institutions which can receive alcohol and drug misusers on the basis of decisions according to Section 6-2 and consent as mentioned in Section 6-3.
The King can issue Regulations relating to the layout and design of such institutions.
Chapter 7. Institutions and homes with 24-hour caring services
Section 7-1. Responsibility of the county municipality for institutions for alcohol and drug misusers
The county municipality is responsible for establishing and running institutions with specialist services attached to them for the care and treatment of alcohol and drug misusers.
The first paragraph does not apply to institutions which fall under another Act. (1)
(1) See Act no. 2 of 28 April 1961, Act no. 57 of 19 June 1969. See also Act no. 14 of 17 June 1953.
Section 7-2. The county municipality's plan for institutions as mentioned in Section 7-1
The county municipality shall prepare a plan for meeting the objectives mentioned in Section 7-1. The plan shall show how the county municipality will meet current and future needs for places in institutions, taking into account the facilities available in institutions under other Acts (1). It shall state to what extent attempts will be made to meet the needs by including private and municipal institutions in the plan by agreement as mentioned in Section 7-4.
The Ministry can issue recommended guidelines as to the contents.
The plan shall be sent to the Ministry (2) for comment.
(1) See note 1 to Section 7-1.
(2) The Ministry of Health and Social Affairs.
Section 7-3. Cooperation between county municipalities
County municipalities can cooperate on the tasks laid down in Sections 7-1 and 7-2. The Ministry (1) can order such cooperation if this is essential for the provision of institutional services.
(1) The Ministry of Health and Social Affairs.
Section 7-4. Incorporation of municipal and private institutions in the county municipality's plan
In accordance with what is determined or presupposed in the plan, cf. Section 7-2, the county municipality can enter into agreements with municipal and private institutions giving the county disposal of institutional places and/or out-patient facilities.
If an agreement as mentioned in the first paragraph is entered into, the county municipality shall meet the operating expenses according to an approved budget. The institution shall observe the budgeting, accounting and auditing rules which apply to the county municipality's own institutions. The King can issue Regulations concerning what are to be reckoned operating expenses.
The agreement shall contain a provision concerning how long it is valid. If the agreement implies that the county municipality is to contribute to the repayment of debt, or if it in other ways by payments is to contribute to increasing the equity capital, the agreement shall contain a provision concerning the county municipality's security for the increase in capital.
Section 7-5. Responsibility of the municipality for homes with 24-hour caring services
The municipality is responsible for planning, establishing and running homes with 24-hour caring services for those who because of age or disability or for other reasons need them. Act no. 68 of 19 November 1982 relating to the planning of and experimental activities in municipal social welfare and health services applies to the planning and contents of the plan. With regard to cooperation between municipalities and agreements with private owners, Section 7-3 and 7-4 of the present Act apply correspondingly.
The first paragraph does not apply to homes with 24-hour caring services which fall under another Act. (1)
(1) Section 1-3 of Act no. 66 of 19 November 1982.
Section 7-6. Admission to and discharge from institutions as mentioned in Section 7-1 and homes as mentioned in Section 7-5
The county municipality and the municipality shall issue rules concerning how decisions concerning admission and discharge shall be taken. The King can issue Regulations concerning what the rules shall contain.
If it has been decided according to rules laid down in pursuance of the first paragraph that a person is to have a place in an institution or a home with 24-hour caring services, the institution or home can not refuse to admit the person. The resident can not be discharged against his will before the prescribed or presupposed period of the stay is over, unless there are objective grounds for discharge in the circumstances of the particular case. When a discharge ought to entail the adoption of measures on the part of the social services, advance notice of the discharge must be given in good time.
If the stay is based on a decision as mentioned in Section 6-2, the resident can not be discharged ahead of time without the consent of the social service.
The County Governor can be requested to resolve disagreements concerning admissions or discharges.
Section 7-7. Cooperation with institutions which fall under other Acts
If consideration is being given to admitting a person to an institution which falls under another Act (1), the county municipality shall see that cooperation is established between the social service, the county municipality and the institution. The county municipality shall issue rules concerning how this cooperation is to be organized. The King can issue Regulations concerning cooperative arrangements, including the obligation to participate in cooperative groups and the like.
(1) See note 1 to Section 7-1 and note 1 to Section 7-5.
Section 7-8. General requirements to be met by institutions and homes with 24-hour caring services
In order to ensure that the institutions included in the county municipal plan and the homes with 24-hour caring services which are included in the municipal plan are of a sufficiently high standard, the Ministry can issue recommended guidelines concerning buildings and equipment, staffing and the qualifications of employees, etc.
Section 7-9. Supervision
The County Governor shall see that institutions and homes with 24-hour caring services which are included in county municipal and municipal plans are run in accordance with the present Act, Regulations issued pursuant to it, and the adopted plan.
If the County Governor finds that the institution or home is not being properly run, he can order that the matter be rectified.
To carry out the day-to-day supervision, the County Governor can appoint a supervisory committee. The King can issue Regulations concerning the duties and composition of supervisory committees.
Section 7-10. Private institutions and homes with 24-hour caring services which are not included in county municipal or municipal plans
The King can issue Regulations relating to buildings and equipment, staffing and the qualifications of employees, etc. for institutions and homes which have not been incorporated in the county municipality's or municipality's plan, and requiring such institutions and homes to be subject to supervision, cf. Section 7-9. The King can also issue Regulations relating to the keeping of accounts and the right of public authorities to insight into the accounts.
If the County Governor finds that an institution or home which is under supervision is not being properly run, he can order the rectification of the matter or the termination of
If the social service wishes to give financial support to an undertaking which has not been incorporated in the county municipality's or the municipality's plan, or to use the undertaking as part of its system for the provision of care and treatment, it must monitor at all times that it is run in accordance with the present Act and the Regulations applicable to it, and that it is properly run in other respects.
Section 7-11. Rights when staying in an institution/home covered by this Chapter
An institution or home with 24-hour caring services shall be run so that the residents themselves can decide personal matters and have such contact with others as they themselves wish, insofar as this is compatible with the purpose of the stay and the responsibility of the institution/home for its operation, including responsibility for security and well-being.
Residents shall have the right to move both within and outside the institution/home subject to such restrictions as the institution/home lays down out of regard for the need for security and well-being. If a person has been placed in an institution on the basis of a decision or consent as mentioned in Section 6-2 or Section 6-3, the institution can limit permission to leave the institution to the extent called for by the purpose of the decision.
It is not permitted
a) to punish a person physically,
b) to use confinement to a single room or other coercive measures unless they are permitted in Regulations as mentioned in litra a) of the fourth paragraph,
c) to monitor the correspondence of residents unless this is permitted in Regulations as mentioned in litra b) of the fourth paragraph.
The King can issue Regulations
a) supplementing the preceding provisions, also with regard to the use of means of coercion,
b) aimed at preventing alcohol and drugs or dangerous objects from being brought into the institution/home,
c) concerning the management of residents' assets.
Section 7-12. Regulations relating to what is to be regarded as an institution/home with 24-hour caring services
The King can issue Regulations relating to what is to be considered an institution/home according to this Chapter, and the right of the County Governor to decide in cases of doubt. The King can also issue Regulations relating to the specialist services which are to be attached to the institutions as mentioned in the first paragraph of Section 7-1.
Section 7-13. Regulations concerning the obligation to provide places for emergency help
The King can issue Regulations requiring county municipalities to provide places for emergency help for misusers of alcohol or drugs.
Chapter 8. Procedure
Section 8-1. Application of the Public Administration Act
The Public Administration Act (1) applies with the special rules laid down in the present Act.
Decisions relating to the granting of social services shall be considered individual decisions. If there are several applicants at the same time for a limited service, they shall nevertheless not be reckoned parties in the same case. Nor can one applicant who considers himself passed over complain that the service has been granted to another.
The King can issue Regulations stating that the Public Administration Act shall apply to decisions taken while clients are staying in institutions or homes with 24-hour caring services.
(1) Act of 10 February 1967.
Section 8-2. Application of the Public Administration Act to private institutions
With regard to private institutions, or homes with 24-hour caring services which are included in the county municipality's or the municipality's plan according to Sections 7-4 and 7-5, the Public Administration Act (1) shall apply to matters respecting clients, with such special rules as are laid down in the present Act, cf. Section 8-1.
(1) See note 1 to Section 8-1.
Section 8-3. Rights of children during the handling of cases
A child under the age of 18 (1) shall be consulted when the child's development and maturity and the nature of the case so indicate.
A child can act as a party in a case and claim the rights of a party if it is aged 12 or over and understands what the case is about. In cases concerning measures to be adopted for alcohol or drug misusers aged under 18, the child shall always be considered a party.
(1) See note 1 to Section 6-3.
Section 8-4. Obligation to consult with the client
The service to be offered shall as far as possible be planned in cooperation with the client. Great importance shall be attached to the client's opinion.
Section 8-5. Obtaining information
Information shall as far as possible be obtained in cooperation with the client or in such a manner that the client knows it is being obtained.
In cases concerning services according to the present Act, the social service can request information from other public bodies. Organizations and private persons engaged in assignments for the central government, county municipality or municipality are considered equivalent to public bodies. If the client has not consented to the gathering of the information, the question of whether the information can be given notwithstanding the obligation of secrecy shall be decided according to the secrecy rules applicable to the body with the information to give.
Section 8-5 a (1) Composition of elected bodies when dealing with cases concerning individual clients
If according to a decision by the Municipal Council an elected body is to deal with cases concerning individual clients under the present Act, the body shall have five members.
(1) Added by Act no. 85 of 11 June 1993 (in force from 1 January 1994, see its Chapter III).
Section 8-6. (1) Appeals against decisions by the social service and the Health and Social Welfare Committee
Individual decisions taken by the social service can be appealed to the County Governor.
The first paragraph does not apply to cases which according to Chapter 9 fall under the County Board.
(1) Amended by Act no. 85 of 11 June 1993 (in force from 1 January 1994, see its Chapter III).
Section 8-7. Competence of the County Governor in appeal cases
The County Governor can try all aspects of a decision. When it comes to trying freely exercised judgement, however, the County Governor can only change a decision if the conclusion so reached is manifestly unreasonable.
If a decision in favour of the appellant can not be implemented at once, the County Governor can decide that temporary measures to meet immediate needs shall be implemented at once.
Section 8-8. The obligation of secrecy
Anyone who performs a service for or works for the social service or an institution according to the present Act is subject to the obligation of secrecy according to Sections 13 to 13 e of the Public Administration Act. Violation is punishable according to Section 121 of the Penal Code.
The obligation of secrecy also applies to the place of birth, date of birth, personal identity number, nationality, civil state, occupation, place of residence and place of work. Information concerning where a client is staying can nevertheless be given when it is clear that it can be given without impairing confidence in the social service or the institution.
Information to other administrative agencies, cf. subsections 5 and 6 of Section 13 b of the Public Administration Act, can only be given when this is necessary for the achievement of the objectives of the social service or institution, or to prevent significant risks of fatalities or of serious injury to anyone's health.
If the interests of a child so indicate, the County Governor or the Ministry can decide that information shall be subject to the obligation of secrecy even if the parents have consented to its being made known.
Section 8-8a.(1) Obligation to inform the Child Welfare Service
Personnel working within the framework of the present Act shall in their work take note of circumstances which may entail measures on the part of the Child Welfare Service.
The obligation of secrecy notwithstanding, the personnel shall on their own initiative inform the Child Welfare Service when there is reason to believe that a child is being ill-treated at home or that other forms of serious failure of care are occurring, cf. Sections 4-10, 4-11 and 4-12 of the Act relating to child welfare services (2), or when a child has shown serious and lasting behavioural problems, cf. section 4-24 of the same Act. Personnel are also obliged to give such information if so instructed by the bodies responsible for the implementation of the Act relating to child welfare services.
(1) Added by Act no. 100 of 17 July 1992.
(2) Act no. 100 of 17 July 1992.
Section 8-9. Assistance from the police
The police are obliged to assist in the implementation of decisions to apply coercive measures to misusers of alcohol or drugs.
Chapter 9. Procedure in cases of coercion
Section 9-1. Sphere of authority of the County Board
In each county there shall be a board - the County Social Welfare Board - which shall decide cases concerning measures for alcohol or drug misusers according to Section 6-2.
Section 9-2.(1) Composition of the County Board
To serve on the County Board, the Ministry (2) shall appoint:
a) a chairman with legal training and experience and, as necessary, a deputy with the same qualifications,
b) a committee of experts, and
c) a panel of laymen.
The appointment is for four years at a time. For the appointment of a committee as mentioned in litra c of the first paragraph, a proposal shall be obtained from the county municipality.
The King can decide that two or more counties shall have a joint Board.
(1) Amended by Act no. 100 of 17 July 1992.
(2) The Ministry of Children and Family Affairs according to Royal Decree no. 690 of 2 October 1992.
Section 9-3. The County Board's secretariat
The County Governor shall be the County Board's secretariat.
Section 9-4. (1) Institution of proceedings in cases as mentioned in the first paragraph of Section 9-1.
Proceedings in a case as mentioned in the first paragraph of Section 9-1 are instituted by the social service, which prepares a proposal concerning measures according to the relevant provision. In the proposal, the social service shall explain the circumstances on which it bases the measure which it assumes will be implemented. The written statements and testimony on which the proposal is based shall be enclosed, and the names shall be given of the persons who are to testify before the County Board.
The social service shall as a rule be represented by counsel during the case.
If the proposal is to be put before an elected body, cf. Section 8-5 a, it shall, if that body agrees, be sent, with any comments, immediately to the County Board. If the matter is urgent, it can be sent to the Board without having been submitted to the elected body in advance.
(1) Amended by Act no. 85 of 11 June 1993 (in force from 1 January 1994, see its Chapter III).
Section 9-5. Appointment of a counsel for the private party etc.
If the private party has not already engaged a counsel, the chairman or secretariat of the County Board shall see that a counsel for the party is appointed. The counsel shall at once be made acquainted with the proposal and enclosed documents, and be given a deadline for a written account, the presentation of documents, and information as to the witnesses he or she wishes to call. The restrictions laid down in litra c of the first paragraph, and in the second paragraph, of Section 19 of the Public Administration Act on the rights of parties to see the documents in a case do not apply to these documents.
Section 9-6. Composition of the County Board in individual cases
In individual cases, the County Board shall be made up of the chairman and two members designated by the chairman from each of the committees mentioned in litra b and c of the first paragraph of Section 9-2. If the parties agree, the chairman can decide not to appoint expert members.
The chairman can call in experts from outside the committee. They shall not take part in the decision-making.
Section 9-7. Disqualification
Where the disqualification of members of the County Board and of experts and the settlement of questions of disqualification are concerned, the provisions in Chapter 6 of the Courts of Justice Act (1) apply..
(1) Act no. 5 of 13 August 1915.
Section 9-8. Hearing
A meeting with the parties to review the case and the documentation and the calling of witnesses shall be held without delay, and if possible within one week of the receipt of the case by the County Board. The chairman of the Board can decide that the case shall be decided without such a meeting if the parties agree.
The private party shall be called to a meeting as mentioned in the first paragraph, and be given the opportunity to comment. The case can be proceeded with even if he does not appear.
Concerning the duty to testify and the calling of witnesses, and concerning the obligation to produce documentary evidence, the provisions in the Civil Procedure Act (1) apply as appropriate.
(1) Act no. 6 of 13 August 1915.
Section 9-9. Rulings and reasons
Rulings shall be arrived at as soon as possible after hearings. Reasons for rulings shall be given according to the rules in the Civil Procedure Act concerning the grounds for judgements.
The notification of the ruling shall call attention to the right of review according to Section 9-10.
Section 9-10.(1) Review of the County Board's ruling
The Board's rulings can be brought before the District or City Court. The municipality is a party in the case. Concerning the right of a child to bring an action, the second paragraph of Section 8-3 applies.
The District or City Court shall sit with two co-adjudicators appointed by the judge. If the judge appoints lay judges, they shall be selected from the panel of laymen.
The time limit for bringing an action is two months from the day when the person entitled to bring an action received notification of the ruling. If he or she fails to observe the deadline, reinstatement can be granted according to the rules in the Courts of Justice Act.
An appeal against a judgement by the District or City Court falls under the High Court. The High Court shall sit with two professional and two lay judges named by the Court. The lay judges shall be selected from the panel of laymen.
Otherwise Chapter 33 of the Civil Procedure Act applies correspondingly to the review of these cases.
(1) Amended by Act no. 144 of 18 December 1992.
Section 9-11. Changes in rulings by the County Board
A request by the private party for a change in the County Board's ruling can be decided on by the chairman of the County Board without oral proceedings if he finds that no new information of any significance has been put forward.
Section 9-12. Regulations relating to procedure
The King can issue supplementary Regulations relating to procedure.
Chapter 10. Concerning responsibility for providing assistance according to the Act.
Section 10-1. Responsibility of the municipality where a person is staying
According to the present Act, the social service shall render services to all persons staying in the municipality.
A person staying in an institution or home with 24-hour caring services shall nevertheless have the services rendered by the social service in the municipality where he was staying prior to admission to the institution or home with 24-hour caring services. This also applies to services prior to discharge in connection with the person's discharge and establishment. After discharge, the social services shall be provided by the social service in the municipality where the person concerned chooses to stay, but a refund of the costs can be claimed from the municipality where he was staying prior to admission to the institution or home with 24-hour caring services.
Section 10-2. Responsibility of the county municipality
The county municipality shall provide institutional services and specialist services attached to them according to the present Act to all persons staying in the county.
Section 10-3. Settlement of disputes
If a dispute arises between municipalities or county municipalities concerning the application of Sections 10-1 and 10-2, the municipalities can request the County Governor to settle the dispute. The Ministry can issue more detailed rules governing the procedure.
Section 10-4. Responsibility for instituting proceedings in cases of coercion
Responsibility for instituting proceedings according to Section 6-2 lies with the social service of the municipality where the drug or alcohol misuser is staying. By agreement between the social services of the municipalities involved, the responsibility can be transferred to another municipality with which the misuser is connected.
The social service in the municipality which instituted the proceedings is responsible for implementing the decision and for the subsequent follow-up and control. A change in the misuser's connection with the municipality does not entail any transfer of responsibility unless an agreement is entered into as mentioned in the second period of the first paragraph.
Chapter 11. Financing, user fees.
Section 11-1. Financial responsibility of the municipality for the social service
Each municipality shall make the appropriations necessary for providing the services and adopting the measures for which the municipality is responsible according to the present Act.
The costs of services and measures as mentioned in the first paragraph shall be met by the municipality which according to Sections 10-1 and 10-4 is responsible for providing the service or implementing the measure. A claim to have these costs met by others can only be put forward according to the rules in the last period of the second paragraph of Section 10-1 and Section 11-2.
Section 11-2. Right of the municipality to demand payment from the recipient of the services
The municipality can order the recipient of services according to this Act to meet all or part of the costs.
The King can issue more detailed Regulations concerning such user fees.
Payments to meet costs as mentioned in the first paragraph can only be claimed within the limits of the income of the person concerned, and so as to leave him or her with sufficient means to meet personal needs and undertake the responsibilities of a supporter.
Section 11-3. Financial responsibility of the county municipality for the social service
Each county municipality shall make the appropriations necessary for providing the services and adopting the measures for which the county municipality is responsible according to the present Act.
Section 11-4. Right of the county municipality to claim refunds from the municipality
The municipality which has applied to have a person admitted to an institution shall refund part of the cost of the stay to the county municipality, according to rates laid down in Regulations issued by the King. Rates can also be fixed for municipal refunds in connection with admission to attached specialist services. The King can issue Regulations to this effect.
Section 11-5. Right of the county municipality to claim refunds from another county municipality
The expenses incurred by a county municipality in respect of a person who at the time of admission is resident in another county shall be met by the person's county of residence. The King can issue Regulations to this effect.
Section 11-6. (1) Central government grants
The central government provides annual grants to meet part of the expenses of municipalities and county municipalities. The grants are distributed through the municipal and county municipal income system according to rules issued by the King.
(1) Amended by Act no. 90 of 11 June 1993 (in force from 1 January 1994 according to Royal Decree no. 904 of 24 September 1993.
Chapter 12. Entry into force of the Act and transitional provisions
Section 12-1. Entry into force of the Act
The Act shall enter into force from such date (1) as the King shall decide. The King can decide that individual provisions of the Act shall enter into force at different times.
(1) From 1 January 1993 according to Royal Decree no. 880 of 4 December 1992.
Section 12-2. Transitional provisions
The King can issue Regulations relating to the application of the Act in relation to decisions taken according to Acts which are repealed by this Act, and relating to matters being handled according to those Acts.
Section 12-3. Repeal of other Acts
With effect from the entry into force of the present Act, the following Acts are repealed: (1)...
(1) See the footnote to the title of the Act.
Section 12-4. Amendments to other Acts
With effect from the entry into force of the present Act, the following amendments shall be made to other Acts: