A supervision order is a child protection measure. Supervision can only be ordered by a juvenile court judge. When the juvenile court issues a supervision order, it is - simply put - out of concern for a safe home situation for the minor. Parents frequently view a supervision order as a punishment. Supervision is not a punishment, but it is quite understandable that it is perceived that way. Supervision is drastic for parents and children. Having others become involved in the lives of a parent and his or her child can be very stressful and emotionally draining. Parents may feel that they are losing control over their child's education when a family guardianship agency is supervising and making decisions about parenting.
When can a supervision order be issued by the court?
Pursuant to article 255 paragraph 1 of book 1 of the Civil Code (BW), the juvenile court may place a minor under the supervision of a certified institution if a minor grows up in such a way that he is seriously threatened in his development, and:
a. the care necessary in connection with the removal of the threat to the minor or to his or her parents or custodial parent is not accepted by them or is inadequate; and
b. there is a legitimate expectation that the parents or parent with custody will be able to assume responsibility for the care and upbringing of the minor within a period of time considered acceptable given the person and development of the minor.
First and foremost, it must be stated that the application of the measure of supervision represents an interference in the family life of parent(s) and child. The measure is justified only if it is based on the grounds specified in the law and serves to protect the best interests of the child. The judge who pronounces the measure will not only have to state in the ruling that both of these grounds are present, but (among other things) will also have to indicate on the basis of what data he has come to his judgment that the child is growing up in such a way that his development is seriously threatened. It is not excluded that the imposition of the measure of custodial care may be justified when the absence of a visitation arrangement or the very existence of one, or the conflicts or problems in establishing or implementing a visitation arrangement cause such burdensome conflicts or problems for the children that, in themselves communication with other circumstances, they pose a serious threat to their development. In such a case, the reasons for imposing the measure must be subject to high standards.
Who can request supervised care?
The juvenile court may place a minor under supervision at the request of the child protection council or the public prosecutor's office. Also, a parent and the person who is not the parent and cares for and raises the minor as part of his family are authorized to make the request if the child protection council does not make the request.
If the request for supervision does not concern all minors over whom the parents or parent exercise custody, the children's court may supplement it at the request of the child protection council or itself, and, provided that the grounds for a supervision order are met, also supervise these minors.
Ultimately, the request for custody will be heard by a court judge. This hearing will take place behind closed doors. If the parents are present during the hearing, the judge will ask the parents questions. The parents will also be given the opportunity to state what they think is right. If the parents are assisted by an attorney, then the attorney will also be given the opportunity to express that parent's point of view. If the child is 12 years old or older, the juvenile court must also ask the child for her/his opinion. This is done during a separate interview usually prior to the hearing. The parents are not present at this interview. The judge can also ask the child younger than 12 for her/his opinion. This is not mandatory. It is also possible for a child to send a letter to the judge. In this letter, the child can indicate how the request for (an extension of) the supervision order is viewed.
If a parent disagrees with the decision of the children's court, an appeal may be filed with the trial court.
After one year of supervision, can the supervision order be renewed?
After the initial period of the supervision order, the supervision order can be extended for up to one year each time. The age limit for a supervision order is 18 years.
Pursuant to the provisions of article 260 paragraph 1 and i article 255 paragraph 1 of book 1 of the Civil Code (BW), the juvenile court may extend the supervision of a minor by (each time) a maximum of one year if a minor grows up in such a way that he is seriously threatened in his development, and:
a. the care necessary in connection with the removal of the threat to the minor or to his or her parents or parents with custody is not accepted by them or is inadequate; and
b. there is a legitimate expectation that the parents or parent with custody will be able to assume responsibility for the care and upbringing of the minor within a period of time deemed acceptable given the person and development of the minor.
Need a lawyer for a supervision order?
It is wise to seek legal advice when a child custody order is involved, as it is a sweeping legal action that can affect the rights and responsibilities of both parents and children. If a child custody order is being considered or filed, having an attorney can help you understand your rights and options, prepare your defense and articulate your position to the juvenile court. If you disagree with the juvenile court judge's decision in court, an attorney can help you file a notice of appeal and with the court proceedings. In short, although it is not always mandatory to have an attorney present during a child custody case, seeking legal counsel can help you protect your rights and achieve the best outcome for you and your children.
Our attorneys can help with proceedings that involve a supervisory order. You can send an email to info@klpadvocaten.nl or (during business hours) call 020-6731548.
