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The Romanian Patriarchate, solidary with the Bodnariu family
The Romanian patriarchate expressed his solidarity with the Bodnariu family and expresses the hope that an objective analysis of the case by the responsible factors in Norway will lead to the reintegration of the five children in the family where they were born and brought up.
‘We consider that, independently of the reasons mentioned by the authorities, the role of the parents, of the family respectively must come first in the raising and the education of the children, fact which does not exclude cooperation with the state. From this perspective, the Church supports the family as being the natural environment for the birth, growth and education of the children in the spirit of the fundamental values for culture and European civilisation of Christian origin’ the press release of the press office of the Romanian patriarchate says.
Joint delegation of the Chamber of Deputies and the Senate plans to pay an official visit to Oslo January 18 - 20
A joint delegation of the Chamber of Deputies and the Senate plans to pay an official visit to Oslo January 18 - 20 to discuss with representatives of Norway's Parliament about the legislation regarding child protection, starting from the case of the Bodnariu family, Senate's foreign affairs committee chairman Petru Filip said on Wednesday.
"A joint delegation of the Deputies Chamber and the Senate will be in Olso next week, most likely over January 18 - 20. (...) It is a joint action as Norway has a single-chamber parliament, but I believe it is very good because the legislation concerns parliament in its entirety. I believe this would be good for both Chambers, the Chamber of Deputies and the Senate, to have a discussion on site on the matters related to child protection legislation," Filip said.
According to him, the committee under his heading has drawn up on Wednesday a memorandum regarding this official visit to Oslo, with the document due to be signed by Senate Speaker Calin Popescu-Tariceanu, then tabled to the Standing Bureau and sent to the President of Norway's Parliament.
He added that the document has been drawn up "in very well weighted terms referring to the request of opening the doors of the Norwegian Parliament," so that the representatives of the two parliaments may have "a real, direct and fair discussion on both sides," as this concerns "different cultures and approaches."
He mentioned that within the Senate's foreign affairs committee there has been a political involvement in this matter, as a discussion with Norway's Ambassador in Bucharest has already taken place.
On November 16, 2015, the Local Child Welfare Service of Norway took into custody the children of the Bodnariu family.
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Romania's ambassador in Oslo has discussed the Bodnariu child protection case at the Norwegian Ministry of Children, Equality and Social Inclusion and at the Foreign Ministry, where he proposed a political cooperation on the matter and proposed again the integration of the children in the father's extended family, Romanian Foreign Affairs Ministry (MAE) spokesperson Raluca Lunculescu announced in an evening press conference.
"At the [Norwegian] Foreign Ministry, the ambassador stressed that this social case has a very strong emotional and media impact; he proposed setting up a political cooperation to manage this case; he reminded the proposition formulated by the ANPDCA [Romania's National Authority for the Protection of the Rights of the Child and Adoption] on the children's integration in the father's extended family in Romania, which is in the interest of children to grow up together in a familiar cultural and linguistic environment. The ambassador asked for allowing the Romanian consul in Oslo to visit minors in such circumstances, and handed the firm message of Romanian authorities (...) about their wish to enhance the political dialogue, the practical cooperation on the level of relevant authorities to identify a viable solution for the optimal management of such cases," Lunculescu stated at the MAE headquarters.
According to her, Norwegian authorities assured there were judicial guarantees for the parents and restated that the Barnevernet [Norwegian Child Protection Services] has not called into question any religious matters.
Lunculescu further detailed that the Romanian ambassador stressed at the meeting with representatives of the Ministry of Children, Equality and Social Inclusion the superior interest of siblings to not be separated, and asked for the access of the Romanian consul as an observer in the current procedure steps.
"On this topic, the Norwegian part stressed that the request must also come from the family. He [the ambassador] asked for support to allow the consul to visit the children in foster homes. The Norwegian side pointed out this isi possible, mentioning that such visits could be accepted by the child protection authorities, if the minor's superior interest is not harmed," she detailed.
The MAE spokesperson asserted that the Norwegians agreed to have a working meeting of representatives of the ANPDCA and of similar institutions in Norway, to find coordination mechanisms for managing cases of Romanian children institutionalised in Norway.
Moreover, Lunculescu said that the Norwegian authorities showed opening for talks with a delegation of the Romanian Parliament expected in Oslo next week.
She also said that the Romanian ambassador, the embassy's consul and an expert from the MAE headquarters had met on Tuesday the Bodnariu spouses and their lawyer to analyse the stage of application of the procedures and the means for supporting the family in this case.
"During the talks, the Bodnarius thanked the Romanian authorities for their support, for the assistance provided and for the approaches of the [diplomatic] mission and of the institutions in Romania. Two different Norwegian lawyers who have already dealt with similar cases and who are able to collaborate with the current counselor in this case were recommended to the family. (...) Only the family is allowed to complain about possible abuses of the Barnevernet, through their counsel, to the institution called Fylkesmannen [County Governor], which is the local representative of central authorities," Lunculescu explained.
The Barnevernet has taken the five Bodnariu children away from their parents last November. Mr. Bodnariu, the father, is a Romanian citizen; his wife is Norwegian.
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Actions such as psychological or physical violence, mistreatment, sexual abuse or other forms of serious failure of care represent the legal grounds for the release of care orders, and the Norwegian Child Welfare Act has no provision allowing for alternative care based on religion, the Embassy of Norway in Bucharest said in release this Wednesday.
According to data provided by the Embassy, in Norway, a care order is issued by a County Social Welfare Board or District Court, and only when the child is subject to serious neglect, maltreatment or abuse.
"Placing a child outside the home without the parents' consent is always a measure of last resort. A recent Council of Europe report shows that Norway is in the low range of countries with respect to the number of children in alternative care. Parents are entitled to a due process, including a lawyer paid for by the government, the right to be heard and the right to appeal the decision of the Board to the District Court. Parents can once a year file for a revocation of the care order," reads the release.
As for adoptions, the Embassy points out that normally, foster parents do not adopt their foster children, as "adoption is a very radical measure, which means severing of all legal ties between parents and children. This happens only in very few cases. Strict conditions must be satisfied to adopt a child against the will of the parents. The child welfare service shall normally not bring proceedings for approval of adoption against the parents' will where the relationship to the immigration law is not clear, or where it is clear that the child and the parents do not have permanent residence in Norway."
The Norwegian Child Welfare Act applies to all children in Norway, regardless of their background, nationality or residential status. The best interest of the child is the primary consideration in the work of the child welfare service. The child welfare service is primarily a help service for children and families. The child welfare system places great importance on family ties and continuity in the child's upbringing. The underlying assumption is that children should grow up with their parents," continues the release.
According to the cited source, the Ministry of Children, Equality and Social Inclusion is responsible for the general child welfare policy. The local child welfare services in the municipalities handles child welfare cases. The Ministry does not have the authority to intervene nor instruct the child welfare services in individual child welfare cases.
"The Norwegian authorities have a statutory duty of confidentiality regarding information in individual child welfare cases, in order to ensure children and parents personal privacy. Therefore, neither the child welfare authorities, nor the central Norwegian authorities can comment on the details of individual child welfare cases," points out the release.
It also argues that Norway has incorporated the UN Convention on the Rights of the Child into Norwegian law. The convention provides that the state where the child is present has a duty to protect children in accordance with its legislation.
"The Child Welfare Act is given priority through the Human Rights Act. The best interest of the child is also incorporated into our Constitution section 2014," reads the release.
The Embassy also offers a set of relevant statistical data, stating that each year approximately 53,000 children receive some kind of help from the child welfare service in Norway. More than seven out of ten of these cases were voluntarily assistive measures for children and families. Help may be provided in the form of advice and guidance to parents on parental practices, counseling, economic aid, kindergarten etc, reads the document.
The Embassy also states that the Norwegian Government has asked Parliament for consent to ratify the Hague Convention 1996 on the protection of children. Ratification will provide increased protection for children in cases related to more than one State, and open for increased international cooperation to prevent and resolve child welfare cases.
The Embassy adds that on its own initiative, it has reached out to the Romanian Ministry of Foreign Affairs, the Parliament and the Prime Minister's office to give information about the Norwegian Child Welfare Service, the principles upon which it is based, highlighting at the same time once more the principle of confidentiality.