Päivi Voutilainen: The Social Welfare Act has been

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
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Structure of the Act
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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
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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.
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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.
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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
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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;
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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.
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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
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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.
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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.
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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)
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Client relationship within
social services
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.)
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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.
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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
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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...
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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:
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˗
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economic support in accordance with the Child Welfare Act
intensified family work
family rehabilitation
a child's placement away from home.
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THANK YOU!
6.7.2016