Government weighs plan to turn orphan's courts into specialised child protection bodies

The Latvian government is reviewing a Welfare Ministry report today that proposes converting the country's orphan's courts (bāriņtiesas, municipal child protection bodies) into specialised child rights protection institutions under a new name. Decisions on suspending and restoring parental custody rights would move to the regular courts. The report was prepared following a June instruction from the Prime Minister to assess the child protection system and draft proposals for a new model by 1 October.

What Model C involves

Under the ministry's Model C, orphan's courts would remain separate, independent municipal bodies, with their work focused on protecting children's rights and interests. Functions unrelated to children, such as guardianship of adults and notarial acts, would be assessed separately to decide who takes them over.

Removing custody rights would stay with the courts, as before. In cases of acute danger to a child, the new institution could decide alone to place the child in care outside the family as a temporary measure, with a court reviewing it and issuing a final ruling within a short period; the exact deadline has yet to be set.

Social services would be the main source of support for children and families. The specialised institution would step in if risks rose significantly and social service support could not adequately reduce them. If a parent refused to cooperate, the institution, together with social services, would set specific tasks and deadlines, and if necessary take over case management and prepare materials for the court. With the parent's consent, out-of-family care would be provided as a service without a court ruling and without interrupting custody rights.

Differing views

Ombudsperson Karina Palkova welcomed the review but criticised keeping the transformed bodies as separate municipal institutions with only a small share of current functions, and urged against haste while conceptual contradictions remain. The Latvian Association of Local and Regional Governments and the Latvian Association of Social Workers have not endorsed the report, objecting to new duties without funding and staff. The Association of Large Cities of Latvia endorsed it but also asks for funding and an assessment of court capacity.

The report also compares the ombudsperson's Model A (abolishing orphan's courts) and Model B (a Child Protection Centre with municipal branches). A think-tank session on 28 September produced no consensus, and court representatives voiced concern about workload. The Welfare and Justice ministries are to continue detailing the models until 1 March 2027.