If the upbringing of a child or the child’s physical, intellectual or mental condition, or their proper development are seriously threatened or disrupted to an extent contrary to the interests of the child, or if there are serious reasons for which the child’s parents are unable to provide for their upbringing, a court may, as a necessary measure, also order institutional care. It will do so in particular where previously taken measures have not led to remedy.
An inadequate housing or property situation of the child’s parents or persons entrusted with the care for the child may not in themselves constitute grounds for a court decision ordering institutional care if the parents are otherwise capable of ensuring the proper upbringing of the child and of performing other duties arising from their parental responsibility.
When selecting the institution into which a child is to be placed, a court will take account of the interests of the child and the statement of the child welfare authority, and will ensure that the child is placed as close as possible to the place of residence of the parents or other close persons of the child.
If a court decides to place a child in institutional care, it will also adjust the scope of the parents' maintenance and support obligation.
A court cannot decide on placement in institutional care for a period longer than three years. However, this period may be extended repeatedly if the reasons for ordering institutional care still persist. If a court has decided to entrust a child to institutional care, the court is obliged to review at least once every six months whether the reasons for ordering institutional care persist or whether it is possible to provide the child with other alternative family care.
If the reasons for which institutional care was ordered cease to exist, or if it is possible to provide the child with care other than institutional care, the court will immediately cancel the institutional care and at the same time decide, depending on the circumstances, to whom the child will be entrusted.
Institutional care terminates with a court decision on the adoption of the child.