Parliament passes law on investigations into child violence cases in public agencies

Section 1—Purpose: The act aims to identify systemic failures and learning and improvement opportunities in how public agencies work to prevent child homicide, violence, abuse, and neglect.

Section 2—Scope: The act applies to investigations by the State Health Inspectorate into how public agencies handled cases in which a child experienced homicide, violence, abuse, or serious neglect. Private entities providing services on behalf of the state shall be treated as public agencies under this act.

Section 3—Geographic scope: The act applies in Norway, including Svalbard and Jan Mayen.

Section 4, subsection 1: The State Health Inspectorate may investigate how public agencies handled cases in which a child was (a) killed or nearly killed, (b) subjected to other criminal acts resulting in death, (c) subjected to offences under the Penal Code chapters 24 to 26, where the case had serious consequences for the child's life and health, or (d) subjected to serious neglect.

Section 4, subsection 2: Investigation of cases being prosecuted by police may begin only after the prosecution decision has been made, unless the prosecutor consents to an earlier start. The prosecutor may decide that an investigation must be delayed if investigation or other compelling reasons make it necessary.

Section 4, subsection 3: Cases that have been subject to supervision by the state governor may be investigated only after the state governor has completed its handling.

Section 4, subsection 4: The State Health Inspectorate may also investigate cases that have been finally decided, conclusively dismissed, or completed by the state governor before the act enters into force.

Section 5, subsection 1: The State Health Inspectorate shall investigate cases under section 4 with a view to uncovering causal factors, underlying circumstances, and course of events relevant to how public agencies work to prevent child homicide, violence, abuse, and neglect.

Section 5, subsection 2: Investigations shall in particular clarify whether there are failures or other reprehensible conditions at the system level in one or more public agencies and in coordination between public agencies.

Section 5, subsection 3: In its investigations under this act, the State Health Inspectorate shall not take a position on or express opinions about civil liability or criminal guilt.

Section 5, subsection 4: The State Health Inspectorate shall decide within the scope of section 4 which cases to investigate, the timing and scope of the investigation, and how it shall be conducted. The State Health Inspectorate may, within the scope of section 4, investigate cases on its own initiative. The State Health Inspectorate cannot be instructed on professional matters in its work under this act.

Section 6—Communication and reporting: The State Health Inspectorate shall, within the bounds of confidentiality under section 12, communicate its analyses and findings to public agencies that have been investigated. The State Health Inspectorate shall publish anonymised reports based on its investigations under this act. The reports shall describe any systemic failures and contain recommendations for measures that can help public agencies better prevent child homicide, violence, abuse, and neglect.

Section 7—Notification to the State Health Inspectorate: Police shall notify the State Health Inspectorate of all cases under section 4, subsection 1, paragraphs (a) and (b). Police may also notify about cases under section 4, subsection 1, paragraph (c). The notification shall include a brief account of the case, the relevant criminal provisions, and how the prosecution decision was made. The state governor shall notify the State Health Inspectorate of cases under section 4, subsection 1, paragraphs (c) and (d). The notification shall include a brief account of the case. Notification under subsection 1 is given when the prosecution decision has been made. The prosecutor may decide to notify at an earlier time. Dismissed cases may be notified only if the prosecutor believes there is clear probability that a child has been subjected to an offence under section 4, subsection 1, paragraphs (a) to (c). Notification under subsection 2 is given when a supervisory case is completed by the state governor. The ministry may issue regulations on the duty to notify under this section.

Section 8, subsection 1, third clause: The prosecutor may decide that notification shall be delayed or omitted if the investigation or other compelling reasons make it necessary.

Section 9, subsection 1: The State Health Inspectorate shall, upon request and without restriction from confidentiality obligations, be given access to information from public agencies in a case being investigated under this act.

Section 9, subsection 2: Information subject to secrecy obligations under the Courts of Justice Act section 128 cannot be released. The obligation to provide access does not apply to information under the Police Register Act section 23, subsection 2, first clause.

Section 9, subsection 3: The State Health Inspectorate shall, upon request and without restriction from confidentiality obligations, be given access to information in the National Registry in a case being investigated.

Section 9, subsections 4 and 5: If a case has been finally decided or conclusively dismissed, police shall upon request make available the criminal case documents to the State Health Inspectorate. The prosecutor may decide that the State Health Inspectorate may nevertheless have access at an earlier time unless investigation or other compelling reasons make it inadvisable. The third subsection does not apply to material subject to purpose limitations under the Criminal Procedure Act section 216 i, cf. section 215 a, subsection 4, third clause, section 216 m, subsection 6, section 216 o, subsection 5, first clause, and section 222 d, subsection 5, second clause. The State Health Inspectorate shall not receive case information exempt from disclosure under the Criminal Procedure Act section 242 a, or classified under the Security Act or protective instructions. The State Health Inspectorate shall not receive documents containing information that could reveal the identity of witnesses who have testified anonymously under the Criminal Procedure Act section 130 a or section 234 a.

Section 9, subsection 6: The State Health Inspectorate may request assistance from other public agencies and use necessary expert assistance to clarify the case.

Section 9, subsection 7: Measures under this section may be taken only to the extent necessary for the State Health Inspectorate to conduct its investigations under this act, and the measure must be proportionate to the objective sought.

Section 10—Right to give a statement: Anyone may, without restriction from confidentiality obligations, give a statement to the State Health Inspectorate about information necessary for investigations under this act. This includes information under the Criminal Procedure Act section 119, subsection 1, and the Dispute Act section 22-5, subsection 1. Information obtained by a defence counsel in a criminal case may be released only if the person entitled to confidentiality consents. Information subject to confidentiality under the Electronic Communications Act section 3-10 or secrecy obligations under the Courts of Justice Act section 128 cannot be released. Anyone giving a statement to the State Health Inspectorate has the right to be assisted, unless this would substantially delay the case.

Section 11—Right of the child to be heard: A child affected by an investigation under this act has the right to be heard. The State Health Inspectorate shall ensure that the child receives sufficient and appropriate information and can freely express his or her views. The child shall be listened to, and the child's views shall be given weight in accordance with the child's age and maturity.

Section 12—Confidentiality: Anyone performing services or work for the State Health Inspectorate under this act is bound by confidentiality under the Public Administration Act for information obtained during performance of such work. The Public Administration Act section 13 b, subsection 1, no. 6, does not apply. The Public Administration Act section 13 a no. 1 and section 13 d do not apply to information released by police under sections 9 or 10. When persons referred to in subsection 1 receive information subject to stricter confidentiality than the Public Administration Act, equivalent confidentiality shall apply, unless weighty public interests indicate that information should be disclosed, or information is necessary to explain the cause of the event. Persons referred to in subsection 1 are additionally bound by confidentiality regarding all information disclosed during statements to the State Health Inspectorate, unless weighty public interests indicate that information should be disclosed, or information is necessary to explain the cause of the event. Exceptions to confidentiality under subsections 2 and 3 do not apply to information released by police. Confidentiality under subsections 2 and 3 is not an obstacle to disclosing information to the extent the person entitled to confidentiality consents, information is in statistical form, or information is otherwise publicly available.

Section 13—Processing of personal data: The State Health Inspectorate may process personal data necessary to perform tasks under this act. This includes personal data referred to in the General Data Protection Regulation articles 9 and 10. The State Health Inspectorate is the controller for processing of personal data under this act. Personal data concerning deceased persons shall be stored so that it is no longer possible to identify the registered persons longer than necessary for the State Health Inspectorate's work under this act.

Section 14—Prohibition on using information as evidence in criminal cases: Information the State Health Inspectorate receives under sections 9 and 10 cannot be used as evidence in a later criminal case.

Section 15—Prohibition on retaliation by employer: An employee who gives a statement under section 10 shall not, as a result thereof, be subjected to any form of sanctions by the employer.

The Storting requests that the government ensure the Child Violence Investigation Act and its objectives are evaluated. The evaluation shall be conducted when sufficient experience has been gained from the act's effects, preferably three years after it enters into force. Among other matters, consideration should be given to whether the interpretation of section 4, which concerns neglect, is too narrow. The Storting requests that the government inform the Storting of the evaluation results in an appropriate manner.