The Social Welfare Act has been reformed The new Act (1301/2014) emphasises early support 31/03/2015 Timetable The Social Welfare Act 1301/2014 will be applied gradually: – 1 January 2015 provisions on home services – 1 April 2015 other provisions, except for… – 1 January 2016 stricter conditions for emergency placements under the Child Welfare Act, as well as sections 46, 48 and 49 in the Social Welfare Act (decisions safeguarding treatment and care, the duty of personnel to notify of shortcomings, and measures with regard to notifications) 6.7.2016 Provisions that remain valid from the old Social Welfare Act (710/1982): Chapter 2 Administration Chapter 5 Compensation between municipalities Chapter 8 Miscellaneous provisions (provisions on supplementary training, cooperation, monitoring and inspections) sections 40 and 41: processes section 27 d: supporting the access of people with disabilities to employment section 27 e: work for people with disabilities 6.7.2016 Structure of the Act Chapter 1 General Provisions Chapter 2 Health and welfare promotion Chapter 3 Social services Chapter 4 Implementing social welfare Chapter 5 Ensuring the quality of services Chapter 6 Appeals Chapter 7 Miscellaneous provisions 6.7.2016 Social welfare means a comprehensive wellbeing policy The aim of the legislative reform is to strengthen the status of the Social Welfare Act as a central general act promote the equal availability and accessibility of social welfare services shift the focus of social welfare activities from corrective measures to promoting wellbeing and early support emphasise a client-centered and comprehensive approach give support to people in their everyday environments. The Act also defines the duties of social welfare authorities, promotes multi-sectoral cooperation, and safeguards the operating conditions of social welfare personnel in duties for which they are responsible and have the expertise. 6.7.2016 Purpose of the Act (section 1) 1) to promote and maintain the population's welfare and social security; 2) to reduce inequalities and reinforce social inclusion; 3) to secure, on an equal basis, the availability of appropriate and adequate high-quality social services and other measures promoting wellbeing; 4) to promote client-centred services and the right of clients to good service and treatment within social welfare; 5) to improve the cooperation between social welfare services and various municipal sectors and other stakeholders, which helps to achieve the goals set in points 1–4. 6.7.2016 Section 2 Scope of application This Act shall apply to municipal social welfare, unless otherwise provided in this Act or another Act. Social welfare covers improving social security and welfare and taking care of the duties and services of social welfare authorities in accordance with general and specific legislation. If a person has the right to receive social services under some other Act, such provisions shall apply which best meet the interests of that client, as provided in sections 4 and 5 = interests of a client, interests of a child, persons with special needs 6.7.2016 Section 4 Best interests of a client When assessing the best interests of a client, consideration must be given on how the alternative measures and solutions best safeguard the following: 1) the wellbeing of the client and his or her family; 2) the client's initiative and independent living as well as close and continuing human relationships; 3) right-timed and right kind of support that is adequate in relation to the client's needs; 4) the client's opportunities to participate in and influence on his/her own matters; 6.7.2016 Section 4 Best interests of a client continues 5) taking account of the client’s linguistic, cultural and religious background; 6) an education and route to working life which correspond to the hopes, aptitude and other capacities of the client, as well as activities that promote inclusion; 7) the confidentiality of the client relationship, and cooperation with the client. When implementing social welfare services, special attention shall be paid to the best interests of clients with special needs. 6.7.2016 Person in need of special support (section 3) 1. A person for whom the applying for welfare and health services is particularly difficult due to a cognitive or psychic handicap or illness, problematic use of alcohol or drugs, several simultaneous problems where the person needs support, or because of other reasons or 2. A child whose health or development is endangered due to his/her growing environment or own behaviour = a child who has received open care from child welfare services but who now needs preventive services only 6.7.2016 Section 5 Best interests of a child In all actions concerning children and undertaken by social welfare institutions, the best interests of the child must be a primary consideration. It shall be considered which measures and solutions best safeguard the following: 1) balanced development and wellbeing; 2) the opportunity to get understanding and care in accordance with the child’s age and level of development; 3) a safe environment in which to grow up, and physical and emotional freedom; 4) a sense of responsibility in becoming independent and growing up. 6.7.2016 How does the Social Welfare Act promote wellbeing? Guidance and advice that is easily available and organised in cooperation (section 6) Structural social work (section 7) makes it easier to take account of people's social wellbeing when making plans and decisions at municipal level. Monitoring and promoting the wellbeing of children, young people and persons in need of special support (sections 8 and 9) Taking into account the needs and wishes of clients when developing activities and services. 6.7.2016 Provisions for securing the quality of services A social welfare service unit shall draw up a plan for in-house control in order to secure the quality, safety and appropriateness of their social welfare work (section 47). The plan shall be made publicly accessible and its implementation shall be monitored. The plan shall be reviewed regularly, together with the personnel and the clients. The personnel is obliged to notify of any deficiencies that prevent implementing social welfare services (section 48). (Amendment into force on 1 January 2016) 6.7.2016 Client relationship within social services 6.7.2016 Effective client process within social services Clients are guided to the needed services faster, which shortens the duration of client relationship. Provisions on client process deal with – guidance and advice – notifying about the need for service – assessment of the need for service: temporary, fixed-term or long-term need of support – primary social worker – multi-sectoral cooperation – client plan – identifying the network of people close to the client – notifying another authority of the need for services. 6.7.2016 CLIENT PROCESS WITHIN SOCIAL WELFARE SERVICES Contact to the social welfare services (by the client, a close person, authority) Urgent need for assistance must be assessed immediately Assessment of the need for services Organising the services (Client plan) A primary social worker designated for the client Decision on services 6.7.2016 The client relationship ends when there is no need for support anymore. Contact in order to assess the need for support (section 35) If the need for social services is obvious, the person shall be guided to apply for services, or contact shall be made to municipal social welfare services. The person's consent is needed for making contact to social services. If consent cannot be obtained, social welfare services must still be contacted without delay if the person is incapable of taking care of his/her health and safety, or the matter concerns the best interests of a child. Obliged to give guidance and make contact: health care professionals, social counsellors, persons working within social services, educational services, sports services, child day care or rescue services, and persons working for the Emergency Response Centre Administration, the police, the Finnish Social Insurance Institution Kela, the employment authorities, the Customs, the bailiff authority or the Criminal Sanctions Agency. 6.7.2016 The need for social services assessed in the beginning of the client relationship (section 36) The assessment shall be started, at the latest, on the seventh working day from the first contact if the person is older than 75 years receives the highest care allowance under the Disability Benefits Act. In the case of a child in need of special support, the assessment shall be commenced on the seventh day from the initiation of proceedings and completed within three months. In any other cases the assessment shall be commenced without delay and completed without undue delay. Any urgent need for assistance shall be examined immediately after receiving the information on the need for assistance. The assessment is carried out to the extent the life situation of the client requires and together with the client and, when necessary, with persons close to him/her and with other 6.7.2016 actors. A designated primary social worker supports the client (section 42) Acts as contact person for the client and supports the client in reaching personal goals and strengthening resources. Shall be designated when the client relationship is initiated or, at the latest, in connection with assessing the need for services. The same social worker during the client relationship. The primary social worker is appropriately qualified with regard to the services the client needs. If the client already has a primary social worker (on the basis of specific legislation) or if no primary social worker is needed, there is no need to designate one. 6.7.2016 Identifying the network of people close to the client (section 43) When assessing the need for service it is possible to examine how persons close to the client can participate in supporting the client. As a main rule, the family is contacted with the client's consent only, and legislation does not oblige family members to help. Family members are heard without the client's consent only if information from them is necessary 1. 2. because of the best interests of a child, or in order to determine the need for service in cases where the client is not capable of being responsible for his/her own care, health or safety. 6.7.2016 Multi-sectoral cooperation If the client needs other services than social services and gives his/her consent, those other actors shall be contacted (section 40) When requested, the other actors are obliged to participate in assessing the need for services and drawing up a plan (section 41). When necessary, the social worker contacts experts, family members and close persons to the client. Measures are taken with the client's consent. Measures without his/her consent are exceptions and require reasons prescribed by an Act. 6.7.2016 Client plan (section 39) The assessment of the need for services is complemented by a client plan, unless it is clearly unnecessary. The assessment of the need for services forms the basis for the client plan. For a child in need of special support there must be a client plan, and the meetings with a primary social worker must be arranged in accordance with the plan. The client plan includes, among other things, an assessment of which services are necessary regarding the client's health and development the goals and the strengths of the client estimated duration of the client relationship division of information and responsibilities between the various cooperation partners from different sectors plan on how often the client will meet his/her primary social worker information regarding the follow-up and assessment of the client plan activities. 6.7.2016 Clients' legal protection is improved A client may request rectification of a social welfare service decision within 30 days, instead of 14 days as earlier. A client may appeal about social welfare services to the Supreme Administrative Court if he/she receives an appeal permit. (Earlier it was not possible to appeal.) A social worker makes decisions about social services that safeguard any indispensable care, means of support or the health and development for a child or other client in need of special support. (Amendment into force on 1 January 2016.) 6.7.2016 Safeguarding indispensable subsistence and care (section 12) Every person residing in the municipality has, in an emergency situation, the right to receive social services based on their individual needs in a way which does not endanger their right to receive indispensable subsistence and care. In other than emergency situations, the person has the right to receive adequate social services from his/her municipality of residence, as referred to in the Municipality of Residence Act (201/1994), or from the joint municipal authority to which the municipality of residence belongs, unless otherwise provided in the law. 6.7.2016 The need for support behind the social services Social welfare services are organised on the basis of the need for support • Assistance for everyday life • Support for housing • Need for economic support • Sudden crisis situation • Need for support because of interpersonal or domestic violence or maltreatment • Prevention of social exclusion and reinforcement of social inclusion • Safeguarding the balanced • Need for support due to alcohol development and wellbeing of a or drug abuse, mental child problems or other trauma or illness, or due to ageing • Other problems with functional capacity • Support to family members and close persons to the client 6.7.2016 Social services responding to the need for support (section 14) Municipalities shall see to the following functions related to social welfare, the content and scope of which shall be as provided by the Social Welfare Act or another Act: 1) social work 2) social guidance 3) social rehabilitation 4) family work 5) home services 6) home care 7) housing services 6.7.2016 Social services responding to the need for support (section 14) continues... 8) institutional services 9) services supporting physical activity 10) substance abuse services 11) mental health work 12) child guidance and family counselling 13) supervised contact sessions between parents and children 14) other services meeting the requirements of section 11 and necessary for the wellbeing of the client. Also many specific acts regulate social services. 6.7.2016 Social services Other services responding the needs of clients and improving their wellbeing Home services, home care Supervised and supported contact sessions Child guidance and family counselling Social work and social guidance The need for service is assessed and a client plan is drawn up Other social services in accordance with the law Social rehabilitation Family work Services supporting physical activity Housing and institutional services Substance abuse services and mental health work 6.7.2016 Examples of social services Section 17 Social rehabilitation Social rehabilitation means combining individual and operational support in order to strengthen clients’ social functional capacity, prevent social exclusion and reinforce social inclusion. Social rehabilitation includes – – – – – examination of social functional capacity and the need for rehabilitation rehabilitation guidance and advice, and coordinating the services needed training for everyday activities and life management group activities and support for interactive relationships other necessary measures promoting rehabilitation. Effective rehabilitation requires cooperation between various actors and combining their expertise. 6.7.2016 Examples of social services Home services (section 19) 'Home services' means performance of or assistance with functions and activities related to housing, personal care and attendance, maintenance of functional capacity, child care and upbringing, conducting personal affairs, and taking care of other conventional functions and activities in normal daily life. Home services also include auxiliary services, such as meals on wheels, clothes maintenance and cleaning services, and services promoting social interaction. Families with children have the right to receive home services necessary to safeguard their caring duties. 6.7.2016 Examples of social services Section 21 Help and support for housing The service is meant for people in need of help or support for special reasons Services given at home are primary in relation to services that would require moving. Classification of housing services: – Temporary accomodation in case or temporary and urgent need for assistance – Supported housing to support independent housing or to help in a transitional stage – Service housing combines suitable housing and support – 24-hour service housing for people who need 24-hour support and assistance 6.7.2016 Examples of social services Section 23 Services supporting physical activity Meant for persons who cannot use public means of transport due to their reduced functional capacity, illness or handicap, and who need the service because of a reason related to their everyday lives. The service is allocation dependant but no group of people can be categorically excluded. Support is organised in accordance with individual service need, and in the form of, for example, – – – – training and practice social work escort services group transport compensation for taxi fares or other transport fares. Public means of transport, demand responsive transport and service transport are always the primary alternatives. 6.7.2016 Examples of social services Substance abuse services (section 24) as municipal social service Substance abuse services support alcohol and drug free living, reduce risk factors and strengthen elements that support clients’ resources and wellbeing. Pregnant women have the right to immediately receive social services that support alcohol and drug free living. Forms of substance abuse services: – guidance and advice – special social welfare services in accordance with the Act on Welfare for Substance Abusers – other social services that support alcohol and drug free living or reduce the negative effects of problematic use. Substance abuse services are aimed at abusers of alcohol or drugs and to their family members and other close persons. 6.7.2016 The focus of family services changes Open care from child welfare services + substitute care Family services outside child welfare client relationships Open care from child welfare services + substitute care Family services outside child welfare client relationships (home service, family work etc.) 6.7.2016 There will be more preventive family services Early interventions and preventive measures are important when supporting families with children. Family work, support persons and support families as well as peer groups are also used within general family services. Services can be received on the basis of an assessment of the need for service also when the family is not a child welfare client. The right to receive services will be as strong as under the Child Welfare Act. Supervision of contact sessions between parents and children is a new task for municipalities. 6.7.2016 The amendment requires: The best interests of children are taken into account better than before in all activities of authorities and professionals. Children with special needs are taken into account when offering general services. There will be more general family services. Stronger rights to receive services Clear rules for implementing social welfare Better cooperation between different sectors Collaboration between child welfare services and other family services 6.7.2016 Families with children as clients of child welfare services No client relationship Child protection case is initiated Child welfare authorities hear that a child is possibly in need of protective measures Immediate help in case of urgent need Assessment of the need for child protection measures Client of child welfare services Other client relationship 6.7.2016 The client relationship ends when there is no need for support anymore The reform affects the child welfare authorities The number or clients in child welfare services will decrease immediately when services can be received through other channels as well. Adding preventive services reduces the need for other services already in the short term. In the longer term, the need to use heavy, corrective measures will decrease because support can be given in time. 6.7.2016 Client relationship within child welfare services What remains the same? A child protection case is initiated when child welfare authorities hear that a child is possibly in need of protective measures. The need for child protection shall be examined if it is not clear that child welfare services are not needed. What is changing? Examining the need for child protection does not immediately start a client relationship in child welfare services. The need for services is assessed in the beginning of every client relationship, also for those who probably don't need any child welfare services. 6.7.2016 When are child welfare services needed? Client relationship in child welfare services is necessary if the health or development of the child is endangered and 1. family services do not give adequate help and, therefore, support measures in accordance with the Child Welfare Act are necessary or 2. family services would give adequate help but the family does not want to accept the services needed, in which case the expertise and support measures of child welfare services are necessary. 6.7.2016 Which services and support measures are available via the child welfare services? The employees in child welfare services are experts in child protection. The clients always have a primary social worker responsible for the matters relating to the child. Services and support measures offered for clients in child welfare services: ˗ ˗ ˗ ˗ economic support in accordance with the Child Welfare Act intensified family work family rehabilitation a child's placement away from home. 6.7.2016 THANK YOU! 6.7.2016
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