Allegations of arbitrariness in child and youth welfare services

The child and youth welfare system is facing criticism. Parents, especially mothers, feel at the mercy of arbitrary decisions by authorities when their children are taken into care. An Innsbruck lawyer and the head of a self-help group confirm this view. They also allege that the authorities are ignoring the child's welfare.

July 24, 2026, 6:04 a.m. (Update: July 24, 2026, 8:00 p.m.)

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Many women who have lost custody perceive the arguments of child and youth welfare services as arbitrary, derogatory, and biased. In an interview with ORF, Innsbruck lawyer Christian Ortner cites examples of how anything is used against mothers, regardless of what they do or fail to do.

"If the child cries when saying goodbye, it means the mother isn't good for the child. If it doesn't cry, it means the child doesn't have a strong bond with the mother." If a child is allowed to leave the house in winter without a thick jacket, social workers or experts interpret this as a lack of maternal parenting skills. If a toddler is allowed to slide headfirst down a slide onto a mattress, the mother is accused of lacking risk assessment.

In another case – the mother is mentally ill – the child is placed in foster care because it identifies too strongly with the mother. According to child and youth services, the child can only return home if the mother-child bond is weakened – an argument that leaves the mother bewildered.

Lawyer: Mixing of facts and interpretations

Ortner is the author of a critical book on child and youth welfare. According to the lawyer, both child and youth welfare services and family court assistance employ professional groups who subjectively interpret and conflate facts, interpretations, and recommendations. However, the authorities are not permitted to assess "parenting capacity" but must focus solely on proven violence or neglect, as the European Court of Human Rights (ECHR) has ruled in numerous decisions.

The argument that parents could sue to prevent their children from being taken into care doesn't hold water in practice, according to Ortner. For various reasons, a fair process is impossible: counter-assessments and statements from kindergarten teachers or neighbors that contradict the authorities' assessment are rarely considered. Added to this is the financial risk. Anyone who pursues legal action must pay court and expert fees themselves, even if the child is subsequently returned to the family. This can amount to tens of thousands of euros.

“Mothers in Court” criticize lack of quality

In Tyrol, there is a self-help group called "Mothers in Court," and some participants feel their fundamental rights have been violated. The group's leader, Susanne Wunderer, criticizes the poor quality of child and youth welfare services. She argues that there are no comprehensible, standardized criteria for assessing "child welfare," and that there is insufficient oversight and transparency. Experts have long recognized the need for reform in child and youth welfare services, particularly regarding staff training – more on this in " Education expert holds youth welfare services accountable . "

Time and again, children are taken from families who are well-integrated, do well in school, have a circle of friends and hobbies, and appear to be doing well. "The parent can't have done anything that wrong if the child is doing well," says Wunderer. Anyone who has children knows about the overwhelming demands that often accompany daily life, but some parents are not given the opportunity to acknowledge this.

Wunderer demands that child and youth welfare be reinstated as a federal matter and that an ombudsman's office for parents be established. Problems are often multifaceted, encompassing financial, legal, psychological, and social issues that burden parents. An ombudsman's office could provide parents with effective support before a situation escalates.

Discussion about youth welfare in custody conflicts

Child welfare services play a difficult role in custody disputes. They must decide whether children would be better off in a residential care facility than with their parents. On the other hand, many affected parents feel subjected to arbitrary assessments, labeled as incompetent by the authorities without cause, and effectively without legal recourse. Everything they do or don't do is used against them.

State Councillor: Health and safety are the focus

Child and youth welfare services remove children from families when they fear that their physical or mental health is at risk. Eva Pawlata (SPÖ), the regional councilor responsible for child and youth welfare, rejects these accusations in an interview with ORF.

It is understandable that such measures are very stressful for parents. The principle of dual control applies, and arbitrariness is inconceivable. The staff of the child and youth welfare services are highly qualified, and supervision and continuing education are part of their work. Regarding the accusation that official decisions are based on prognoses rather than proven violations, Pawlata stated that there are professional guidelines on how to proceed in each case. The child's welfare is paramount, and their health and safety must be guaranteed.

Ulrike Finkenstedt, tirol.ORF.at