Social workers’ accounts of custody and custody transfers in cases of homicidal violence

Abstract

ABSTRACT This article analyses Swedish social workers’ accounts of custody when a parent is in remand prison or prison due to homicidal violence that has resulted in the death of the other parent. How do social workers justify or excuse assessments of custody and custody transfers? What legal dilemmas can be discerned? The empirical material comprises six group interviews with 14 Swedish social workers based on two fictional vignettes. The interviews have been analysed using accounts theory and in relation to how social workers reason about their discretion. The social workers used four main accounts related to assessments of custody: Time and stability in foster care, Legal context, Deficient parenting and Kinship relations. The results show that although social workers believe that deadly violence is a serious risk factor and consider transferrals of custody to foster parents to be an important tool for safeguarding children in long-term foster care, custody decisions are also assessed in relation to possible rejections in courts, the legal basis for placement (compulsory care or voluntary placement) and the children’s age. The length of imprisonment of the parent appears to be an important factor for suggesting a custody transfer in cases of homicidal violence. The results are discussed in relation to the legal context and the protection of children.