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Morten Engberg
Monitoring Director,
Head of Monitoring Division
In 2012, the Ombudsman submitted a number of key issues to the Ministry of
Social Affairs and Integration concerning the rights of young people in care.
The background was a number of monitoring visits to residences in 2011 and
2012. The visits revealed that some residences used measures against young
people which cannot be used against other citizens without consent unless there
is a special statutory basis for it, in legal language called the use of compulsion.
Urine samples
One example was the use of urine samples. Several of the young people who
spoke with the Ombudsman and his team during the visits said that they had
been asked to provide a urine sample in various situations. These included cases
where a young person who had previously had drug abuse problems had been
on a visit away from the residence or where the young person’s behaviour gave
rise to a specific suspicion, for instance that drugs had been taken. However,
urine samples were also sometimes requested simply because the young person’s
caseworker wanted a test.
As a starting point, urine samples were provided on a voluntary basis. However,
it turned out that at some residences a refusal to provide a urine sample had
consequences for the young people. Thus, several residences regarded a urine
test as positive if a young person refused to provide a sample, i.e. as proof that
the young person had taken drugs. This could in itself have consequences and,
for instance, result in the young person being forced to have close contact with
employees at the residence, such as sleeping in a room with an employee of the
same sex. Another consequence could be that the young person was not allowed
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