Federal Children And Youth Welfare Law 2013 - B Kjhg 2013

Original Language Title: Bundes-Kinder- und Jugendhilfegesetz 2013 – B-KJHG 2013

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69. Federal Act on the Principles of Assistance to Families and Education for Children and Young People (Bundes-Kinder-und Jugendhilfe gesetz 2013-B-KJHG 2013)

The National Council has decided:

table of contents

Type/Clause

Object/Label

Part 1 (basic provisions)

1. Main item

Objectives and tasks

§ 1.

Principles of child and youth welfare

§ 2.

Objectives of children's and youth welfare

§ 3.

Tasks of children's and youth welfare

§ 4.

Definitions

§ 5.

Personal scope and local competence

§ 6.

Confidentiality of Obligations

§ 7.

Rights of access

§ 8.

Data Usage

§ 9.

Documentation

2. Main piece

Benefits for children and young people

Section 1

General provisions

§ 10.

Sponsorship

§ 11.

Private children's and youth welfare institutions

§ 12.

Professional orientation

§ 13.

Planning

§ 14.

Research

§ 15.

Statistics

Section 2
Services for expectant parents, families, children and young people

§ 16.

Social services

§ 17.

Social pedagogical institutions

§ 18.

Care children and carers

§ 19.

Care conditions in the context of full education

§ 20.

Child care allowance

§ 21.

Private nursing care

Section 3
Risk assessment and assistance planning

§ 22.

Hazard statement

§ 23.

Help Planning

§ 24.

Participation

Section 4
Education aids

§ 25.

Support for education

§ 26.

Full education

§ 27.

Educational aid due to an agreement

§ 28.

Educational aid due to a court order

§ 29.

Aid for young adults

§ 30.

Cost compensation, cost replacement

Section 5
Participation in adoption

§ 31.

Principles

§ 32.

Participation in adoption in Germany

§ 33.

Participation in cross-border adoption

§ 34.

Appropriation assessment

6.
Children's and youth advocacy

§ 35.

Children- and Jugendanauthority

3. Main piece

Criminal provisions

§ 36.

Criminal provisions

Part 2 (Federal Law Applicable to Immediately applicable law)

§ 37.

Communications on suspicion of child welfare

§ 38.

Mutual assistance

§ 39.

Communications for determining income ratios

§ 40.

Data Usage

§ 41.

Exemption from the obligation to pay public charges

§ 42.

Agreements with the children's and youth welfare authorities

§ 43.

Judicial procedure for determining the rate of cost

§ 44.

Power to assess and to be credited

§ 45.

Cofinancing of the federal government in research and statistics

§ ° 46.

Federal subsidies

Part 3 (Final provisions)

§ 47.

entry into force

Part 1 (basic provisions)

1. Main item

Objectives and tasks

Principles of child and youth welfare

§ 1. (1) Children and young people have the right to promote their development and to educate themselves to be a person responsible for their own responsibility and of a Community-capable personality.

(2) The care and upbringing of children and young people is primarily the duty and the right of their parents or persons otherwise entrusted with care and upbringing.

(3) Parents and other persons entrusted with care and education are to be supported in the exercise of care and education through information and advice, and to strengthen the social environment.

(4) If the child is not guaranteed to be responsible for the care and upbringing of parents or persons otherwise entrusted with the care and upbringing of the child, education aids shall be granted.

(5) Family rights and relations may only be interfered with in so far as this is necessary in order to guarantee the best interests of the child and provided for in the civil law.

(6) The tasks of child and youth assistance shall be carried out in cooperation with the education, health and social system.

Objectives of children's and youth welfare

§ 2. In carrying out the tasks according to this federal law, the following objectives are to be pursued:

1.

Formation of a general awareness of principles and methods of promoting care and education;

2.

Strengthening the educational capacity of families and promoting parents ' awareness of their tasks;

3.

promoting appropriate development and development of children and young people, as well as their independence;

4.

Protection of children and young people from all forms of violence and other child-welfare threats in terms of care and education;

5.

Reintegration of children and young people into the family in the interests of the child, in particular in connection with educational aids.

Tasks of children's and youth welfare

§ 3. Taking into account the principles of the Convention on the Rights of the Child, BGBl. No 7/1993, the following tasks shall be carried out to the extent necessary:

1.

Information on the promotion and upbringing of children and young people;

2.

Advice on education and development issues and family problems;

3.

Support for expectant parents, families, children and young people to cope with family problems and crises;

4.

Risk assessment and assistance planning;

5.

Educational assistance in the event of a threat to the child's welfare in terms of care and education;

6.

cooperation with institutions, public authorities and public services;

7.

participation in the adoption of children and young people;

8.

Public relations work on goals, tasks and ways of working for children's and youth welfare.

Definitions

§ 4. In the sense of this federal law, the terms mean:

1.

"Children and young people": persons up to the age of 18. Year of life;

2.

"Young Adults": People who are the 18th, but not yet the 21. Have completed their life year;

3.

"Parents" means parents, including adoptive parents, and their parents, provided they are provided with care and education or equivalent obligations and rights under foreign law;

4.

"expectant parents" means pregnant women and their spouse or the man who is described by the pregnant woman as the father of the unborn child;

5.

"persons responsible for care and education" means natural persons to whom care and education or comparable obligations and rights under foreign law are provided;

6.

"close relatives": up to the third degree relatives or contentions and spouses and spouses or life companions or registered partners of parents.

Personal scope and local competence

§ 5. (1) The condition for the provision of child and youth assistance is a main residence, habitual residence or stay in the home country of expectant parents, children, young people and young adults.

(2) For the provision of the service, the child and youth welfare service is responsible for the children, young people, young adults, expectant parents, carers or adoptive advertisers in the field of action of the child and youth welfare institution. The main residence, in the absence of such a habitual residence. If such a person is not present, the stay is decisive.

(3) In the event of a risk of default, the child and youth welfare authorities shall be responsible for the extent to which the necessary instipations must be made. The children's and youth welfare authorities responsible according to paragraph 2 shall be notified of the situation.

(4) When changing the main residence, habitual residence or residence, the responsibility is transferred to another child-and youth-aid-carrier. No change of jurisdiction occurs when children and young people are in a different federal state or abroad within the framework of educational assistance, and do not speak for important reasons. The children's and youth welfare authorities, who are aware of circumstances which justify the change of jurisdiction, must inform the other of them without delay.

Confidentiality of Obligations

§ 6. (1) The employees of the children's and youth welfare institutions and the private child and youth welfare institutions responsible for the child and youth welfare institutions are the secrecy of the facts of private and family life, the parents, parents or parents. Persons, families, children, young people and young adults, who are otherwise directly or indirectly concerned with care and education, and who have become known exclusively from this activity, shall be obliged, unless the disclosure is made available in the the overriding legitimate interest of the children concerned, young people and young adults.

(2) The obligation to secrecy persists even after the end of the activity for the child and youth welfare institution or for the commissioned private children's and youth welfare institution.

(3) The duty of confidentiality does not exist in relation to the children's and youth welfare authorities.

(4) The obligation of confidentiality in criminal proceedings does not apply to requests for information from the public prosecutors and courts, which relate to the specific suspicion that children and young people are mistreated, tortured, neglected or sexually abused. have been abused. The provisions of § § 51 (2), first sentence, and 112 StPO are to be applied in a reasonable way.

Rights of access

§ 7. (1) Children and young people have the right to receive information on all the facts of their private and family life, known to the children's and youth welfare institutions and the commissioned private children's and youth welfare organisations, of which they are aware. is reasonable for them due to their age and level of development, unless the overriding, taking into account personal interests of the parents or persons otherwise entrusted with care and education, as well as other persons and predominant persons Public interests are at risk.

(2) The exercise of the right referred to in paragraph 1 shall be due to children and adolescents as soon as they have the necessary classification and judgment. The existence of a judgment and judgment is due to completion of the 14. Years of life.

(3) After reaching the age of majority, they shall be informed, upon request, of any facts known to the children's and youth welfare authorities and to the commissioned private child and youth welfare institutions, except in the case of the overwhelming majority of them, the personal interests of the parents or persons who are otherwise entrusted with care and education, as well as other persons, are at risk.

(4) Parents or other persons entrusted with care and education shall have the right to provide information on all the facts of their private and family life, known to the children's and youth welfare institutions and the commissioned private children's and youth welfare institutions. in so far as the disclosure does not include the interests of the children and young people cared for, or the personal interests of the parents, which are worthy of consideration, or persons who are otherwise entrusted with care and education, and persons other than those of other persons at risk. This right shall also be granted to persons who are no longer in full or in part due to caring for and education.

Data Usage

§ 8. (1) The children's and youth welfare authorities are empowered to use the following data from natural and legal persons who provide services within the meaning of the second main piece, as well as adoptive advertisers and advertisers for the assessment of suitability and supervision:

1.

with respect to natural persons: name, former name, gender, date of birth, place of birth, address, telephone numbers, e-mail addresses, fax numbers, marionary status, professional qualifications, nationality, area-specific personal identification, Social security number, registration number, data on the economic aptitude test;

2.

with regard to natural persons who directly care for children and young people and persons who are not only temporarily living in the common household with caregivers within the meaning of § 18 as well as adoptive advertisers: data according to Z 1, data on the state of health, criminal convictions, data on suitability as a caregiver;

3.

in respect of legal persons: name of the legal person and of its responsible and representative bodies, employees and employees, authority, seat, address, company's number, central number of associations, telephone numbers, e-mail-addresses, fax numbers, professional qualifications of the employees and employees, data on the economic aptitude test;

4.

Data related to oversight activities.

(2) The children's and youth welfare authorities are empowered to use the following data from natural and legal persons who provide services within the meaning of the second main piece, for the provision of services and for the accounting of services:

1.

with regard to natural persons: name, former name, gender, date of birth, place of birth, address, telephone numbers, e-mail addresses, fax numbers, family status, professional qualifications, bank details, area-specific personal identification, Social security number, registration number, professional qualification as well as the position of duty and employment status;

2.

in respect of legal persons: name of the legal person and of its responsible and representative bodies, employees and employees, authority, seat, address, company's number, central number of associations, telephone numbers, e-mail addresses, fax numbers, bank details;

3.

Type, number, duration, fares and costs of the services provided, information on beneficiaries and beneficiaries.

(3) The children's and youth welfare authorities are authorized, for the purpose of assessment of suitability and supervision, special information pursuant to § 9a StrRegG in relation to natural persons who are directly children in the context of the provision of services in the sense of the second main piece and to take care of young people, as well as adoptive advertisers at the Federal Police Directorate Vienna, and to use the data.

(4) Data used in accordance with paragraphs 1 and 2 may only be transmitted to other children's and youth welfare authorities, other cost holders and courts for the purposes set out in paragraphs 1 and 2.

(5) The processed data may only be retained for as long as it is necessary for the purposes for which it was processed. In addition, the national legislation can set minimum and maximum deadlines for the deletion of the individual data types.

Documentation

§ 9. (1) On the provision of services within the meaning of the second main piece, the children's and youth welfare authorities and the commissioned private children's and youth welfare institutions have a written documentation to be carried out.

(2) In any case, the documentation shall contain information on the bodies concerned, the service provider, the persons responsible and the experts involved, as well as the nature, scope and duration of the services provided.

(3) The documentation relating to services provided for in the third paragraph of this article. In any case, section of the second main item has, in any case, information on the content of risk notifications, the nature and extent of the hazard identified, the social history of the children and young people concerned, the contents of the aid plan, as well as data from To contain information persons.

(4) The children's and youth welfare authorities and the commissioned private child and youth welfare institution must take organisational measures to protect the secrecy interests of the persons concerned within the meaning of Section 1 (2) of the Data Protection Act 2000 . Access to the documentation can only be granted within the scope of the right of access in accordance with § 7.

(5) If there is a change of jurisdiction or granting of educational assistance in the event of danger in the case of danger in the sense of § 5 (3), the documentation of the previous service provision shall be handed over to the locally responsible children's and youth helpers.

2. Main piece

Benefits for children and young people

Section 1

General provisions

Sponsorship

§ 10. (1) Support for child and youth assistance is the country (children's and youth welfare authorities).

(2) The national legislation determines the organisational units to perform the services within the meaning of the second main piece and to perform other tasks, which are the responsibility of the children's and youth welfare authorities.

(3) Services which are not reserved for the child and youth welfare authorities may also be provided by private children's and youth welfare institutions, provided that they are provided according to their factual and human resources for the performance of these tasks. are suitable.

Private children's and youth welfare institutions

§ 11. (1) At the request of the child and youth welfare authorities, it is necessary to decide on the existence of the aptitude requirement for private children and youth welfare institutions. If the aptitude requirements change, they must be re-examined and the decision to be changed at most.

(2) In the case of the aptitude assessment, it is necessary to examine in particular whether the private child and youth welfare institution has a technically sound concept, specialist and auxiliary staff in the required number of persons, as well as on suitable premises and have sufficient economic conditions.

(3) Through the provision of services by appropriate private child and youth welfare institutions, performance contracts may be concluded in which, inter alia, the nature, scope and other conditions of the provision of services as well as the performance charges can be regulated.

(4) The provision of services by private children's and youth welfare institutions is subject to the supervision of the child and youth welfare institution. The correction of defects must be taken up with communication. If the eligibility requirements are no longer available, the authorization shall be revoked.

(5) Private children and youth welfare organisations are obliged to provide the necessary information to the child and youth welfare authorities, in the context of the authorisation procedure, supervision and service provision, to provide necessary documents, to allow contact with the children and young people cared for and the viewing of premises.

Professional orientation

§ 12. (1) Services of child and youth assistance are to be provided according to professional standards as well as the current state of the sciences.

(2) Only skilled workers who are trained and personally qualified for the respective fields of activity are to be used for the provision of services for children's and youth assistance. The use of other appropriate forces shall be permitted, provided that the nature and scope of the activity do not require specialist training.

(3) The children's and youth welfare authorities shall determine the conditions for training and aptitude as well as the number of skilled workers required. This is based on professional standards, scientific knowledge and the population groups who take advantage of the services.

(4) Specials in children's and youth assistance are regularly offered in-service training and supervision as well as supervision.

(5) In the light of scientific knowledge and social developments, technical standards should be laid down for the individual benefits of children's and youth assistance, which should be appropriate for the staff of both children and young people. and youth welfare organisations as well as the private children's and youth welfare institutions that provide services for the child and youth welfare service providers.

Planning

§ 13. (1) The children's and youth welfare authorities shall ensure, by means of short, medium and long-term planning, that services and services are available in the necessary manner and to the extent necessary.

(2) The planning shall take into account social developments, professional standards, scientific knowledge as well as the structure, development and problem situations of the population.

Research

§ 14. (1) In order to assess the qualitative impact of the benefits of children's and youth assistance and to develop them, research projects should be carried out and their results collected.

(2) In the case of questions of transnational importance, several children's and youth welfare authorities shall cooperate.

Statistics

§ 15. (1) In order to determine the quantitative impact of the benefits of child and youth assistance, statistical data on the following information shall be collected annually:

1.

the number of persons who have taken advantage of social services;

2.

the number of children and young people who have received support for education;

3.

Number of children and young people who have been accommodated in social pedagogical institutions and carers;

4.

the number of risk statements;

5.

the number of educational aid granted on the basis of an agreement and the educational assistance provided by a judicial authority;

6.

the number of young adults who have received aid in accordance with § 29;

7.

Number of children and young people who have been involved in a domestic adoption;

8.

Number of children and young people who have been involved in cross-border adoption;

9.

Number of children and young people, for which legal representation within the meaning of § § 207 to 209 ABGB, § 9 UVG, § 16 Asylum G 2005 and § 12 FPG 2005 have been made;

10.

Expenditure and receipts of public aid for children and young people.

(2) Figures referred to in paragraph 1 (2), (3), (6), (7) and (8) shall be broken down by age and sex.

(3) The data shall be summed up and published in an appropriate manner for a reference year.

Section 2

Services for expectant parents, families, children and young people

Social services

§ 16. (1) The children's and youth welfare authorities have to say that social services are available to expectant parents, families, children and young people in order to promote care and upbringing and to cope with the everyday family life.

(2) Social services may be used by expectant parents, families, children and young people at their own discretion.

(3) Social services shall include outpatient and inpatient services, such as:

1.

Offers for the promotion of care and education in families;

2.

-helping to address family problems;

3.

Aid for families in crisis situations;

4.

Aid for children and young people in problem situations;

5.

Training and further training for carers, adoptive advertisers and advertising staff.

(4) The use of social services may be subject to charges.

Social pedagogical institutions

§ 17. (1) The support for children and young people must have the effect of providing social education facilities for the care and upbringing of children and young people in the context of the full education. Consideration should be given to the different problem situations and the age-related needs of children and young people.

(2) Social pedagogical facilities may be offered as both stationary and part-time services.

(3) Social pedagogical institutions shall include, in particular:

1.

care facilities for emergency situations;

2.

Care facilities for the permanent care of children and young people;

3.

Assisted living forms for young people;

4.

non-fixed forms of social pedagogy.

(4) The establishment and operation of social pedagogical facilities require the approval of the child and youth welfare service provider. This is to be granted on request, provided that the suitability for operation of the facility is given.

(5) In the approval procedure it is necessary to examine in particular whether the operator has a technically sound concept, specialist and auxiliary staff in the required number as well as on suitable premises and sufficient economic conditions. .

(6) Social educational institutions are subject to the supervision of the child and youth welfare institution. The correction of defects must be taken up with communication. If the eligibility requirements are no longer available, the authorization shall be revoked.

(7) In the context of the authorization procedure, supervision and the provision of services, operators are obliged to provide the child and youth welfare authorities with the necessary information, to submit necessary documents and to contact the child's to allow children and young people to be visited and to visit premises.

Care children and carers

§ 18. (1) Nursing children are children and young people who are not only temporarily cared for and educated by persons other than the parents or other persons entrusted with care and education.

(2) Children and young people, who are not only temporarily cared for and educated by close relatives, shall only be considered as foster children if this is done in the context of full education.

(3) Care persons shall be persons who care for and educate foster children within the meaning of para. 1 and 2.

Care conditions in the context of full education

§ 19. (1) The assessment of the suitability of carers as well as the supervision are reserved for the children's and youth welfare authorities. Private children's and youth welfare institutions can be entrusted with the preparation and professional support of carers and the provision of care.

(2) Before handing over a nursing child, the personal suitability of the caregiders must be checked and documented by the children's and youth welfare authorities.

(3) In view of the planned nature and duration of the nursing care relationship and taking into account the individual needs of the nursing child, the suitability assessment must be assessed as to whether the caregiverts should have a beneficial care and upbringing can be guaranteed. In particular, the mental and physical health, the educational setting, the educational ability, the age and the reliability of the carers, as well as the resilience of the family system, are to be considered.

(4) Nursing persons shall participate in training sessions. Regular training and support for the consolidation of the nursing care ratio should be offered to them.

(5) In the context of the assessment of suitability, supervision and the provision of services, carers are obliged to provide the child and youth welfare authorities with the necessary information, to submit necessary documents and to contact the child's and youth welfare authorities. to allow children and young people to be visited and to visit premises.

Child care allowance

§ 20. (1) For carers who care for a foster child in the course of their full education and who are not close relatives of the nursing child, the child and youth welfare service has to set a flat-rate care child allowance. The age-appropriate care expenditure must be taken into account.

(2) The child care allowance shall be used to pay the expenses associated with care and upbringing.

(3) Care persons should be offered the opportunity to cover social security insurance.

(4) In the context of the full education, in the context of full education, a care contribution may be granted up to the amount of the child care allowance, taking into account their social conditions and any maintenance obligations.

Private nursing care

§ 21. (1) For the not only temporary care and upbringing of foster children until the completion of the 14. A life year which does not take place within the framework of the full education is required for the support of the child and youth welfare institution.

(2) The planned take-over of foster children within the meaning of paragraph 1 shall be reported to the responsible child and youth welfare authorities.

(3) In the case of authorization, it is necessary to examine whether the caregisters can guarantee the promotion and upbringing of the caring children entrusted with the care. In particular, the mental and physical health, the educational setting, the educational ability, the age and the reliability of the carers, as well as the resilience of the family system, are to be considered.

(4) Private nursing care is subject to the supervision of the child and youth welfare support. The correction of defects must be taken up with communication. If the eligibility requirements are no longer available, the authorization shall be revoked.

(5) In the context of the authorization procedure and supervision, carers are obliged to provide the children's and youth welfare authorities with the necessary information, to submit necessary documents and to contact the children in charge and to provide them with the necessary information. To allow young people and visits to premises.

Section 3

Risk assessment and assistance planning

Hazard statement

§ 22. (1) The concrete suspicion of endangering in particular on the basis of communications on suspicion of the risk to the child in accordance with § 37 or on the basis of a professional obligation as well as on the basis of credible communications from third parties of children and adolescents, the risk assessment should be immediately initiated, taking into account the urgency of the matter, in order to assess the risk of danger.

(2) The risk assessment shall consist of the collection of those facts which are significant for the assessment of the risk-related discourse and the assessment of whether there is a risk of child-welfare. This is to be carried out in a structured manner, with due regard to technical standards and consideration of the nature of the endangering risks.

(3) The sources of knowledge are, in particular, discussions with the children and young people concerned, their parents or persons who are otherwise entrusted with care and education, and persons whose care the children and young people are regularly responsible for, Consider visits to the place of residence or residence of the children and young people, opinions, reports and expert opinions, as well as the written risk notifications within the meaning of § 37.

(4) In accordance with § 37 or on the basis of professional regulations, the obligation to provide information on the children and young people concerned shall be obliged to provide the necessary information and to provide necessary information on the children and adolescents concerned. to submit documents.

(5) The risk assessment shall, if necessary, be taken in the interaction of at least two skilled workers.

Help Planning

§ 23. (1) A help plan shall be drawn up as a basis for the granting of educational assistance and shall be subject to appropriate time intervals to verify that the education aid chosen is still appropriate and necessary.

(2) The aid plan shall be drawn up with the aim of ensuring the appropriate social, mental and physical development and training of the children and young people concerned. In this case, the most promising educational aids in the individual case with regard to the child's well-being are to be used, while care must be taken to ensure that the least possible intervention is made in family circumstances.

(3) The decision on the educational assistance required in individual cases or their modification shall, if necessary, be taken in cooperation with at least two skilled workers.

Participation

§ 24. (1) Children, young people, parents or persons otherwise entrusted with care and education shall be involved in the context of the hazard declaration, before the decision on the granting of educational assistance and any change in the nature and scope of the To advise on educational aid and to draw attention to the possible consequences for the development of children and young people.

(2) The members referred to in paragraph 1 shall be involved in the selection of the type and extent of the aid. Their wishes must be met to the extent that the fulfilment of the same would not have a negative effect on the development of the children and young people concerned or would have caused disproportionate costs.

(3) In the case of the participation of children and young people, account should be taken of their development status.

(4) Participation should be provided for in so far as this would endanger the well-being of the children and young people concerned.

Section 4

Education aids

Support for education

§ 25. (1) If the child is at risk and it is to be expected that the risk of remaining in the family or in the other existing environment can be averted, children and young people must be provided with the support of education.

(2) Support for education includes, in particular, the use of outpatient assistance, regular visits to houses or doctors, and restrictions on the contact with persons who endanger the child's welfare.

Full education

§ 26. (1) If the child is at risk and it is to be expected that the risk can only be averted through care outside the family or the other existing environment, children and young people shall be granted full education, provided that the Children's and youth welfare authorities are entrusted with the care and upbringing of their own.

(2) Full education includes, in particular, care for close relatives, carers and social pedagogical institutions.

Educational aid due to an agreement

§ 27. (1) The granting of educational aids, with which the parents or persons otherwise entrusted with care and education are in agreement, shall be granted on the basis of a written agreement between these and the children's and youth welfare authorities.

(2) The conclusion, the amendment and the termination of this Agreement shall require the written form.

Educational aid due to a court order

§ 28. (1) If the parents or persons otherwise entrusted with care and education do not agree to a necessary educational assistance, the child and youth welfare authorities in the court have the necessary judicial orders, such as the withdrawal of the care or of the care of the child. Partial areas of the care (§ 181 ABGB), to apply.

(2) In the event of danger in delay, the child and youth welfare authorities shall immediately provide the necessary educational assistance and make the necessary applications to court (Section 211 ABGB).

Aid for young adults

§ 29. (1) Young adults can be granted outpatient assistance and assistance by care for close relatives, carers or socio-educational institutions, if at the time of completion of the 18. They have already been granted educational aid, and this is urgently needed to achieve the objectives defined in the aid plan.

(2) Aid can only be provided with the consent of the young adults and only as long as this is necessary due to the individual life situation. In any case, the aid will end with the completion of the 21. Life Year.

Cost compensation, cost replacement

§ 30. (1) The costs for the provision of educational aids and aid for young adults are to be borne first of all by the children's and youth welfare authorities, insofar as it is not otherwise determined by national law or national law. The Land legislature can determine other legal entities regulated by law to bear the costs of benefits for children's and young people's assistance.

(2) In the case of the granting of educational aids by the locally uncompetent children's and youth welfare authorities in accordance with § 5 (3), the locally responsible child and youth assistance carrier has to reimbursethe costs.

(3) The costs of the full upbringing and care of young adults pursuant to § 29, insofar as the maintenance has actually been made, are to be replaced by the civil service for subsisting, insofar as it is provided for by their They have been able to do so or have been able to do so at the time of the granting of the education aid.

(4) Requests from children, young people and young adults to receive recurring benefits in order to meet maintenance requirements shall be based on full education or care for young adults, up to the level of the replacement requirement Children's and youth welfare authorities or other cost carriers shall directly apply the law to the person liable to pay the benefits.

(5) The assertion of cost replacement can take place retroactively for three years.

Section 5

Participation in adoption

Principles

§ 31. (1) The aim of the adoption agency is to provide children and young people with the most appropriate adoptive parents or adoptive parents. There must be the well-founded prospect of establishing a relationship corresponding to the relationship between the biological parents and the children. Priority should be given to the interests of children and young people.

(2) The adoption agency and suitability assessment are reserved for the children's and youth welfare authorities. Advice, preparation and technical support for adoptive advertisers and the preparation of reports by private children's and youth welfare institutions is permitted.

(3) The levying of a fee for the adoption agency is inadmissible.

(4) Information about the biological parents or parents should be documented and kept for 50 years from the final approval of the adoption. Persons entrusted with the care can request information on this subject for particularly important medical or social reasons as long as the adoptive child is 14. Life year has not yet been completed. After completion of the 14. This right is the right of the adoptive child himself.

Participation in adoption in Germany

§ 32. Participation in adoption in the country involves the following activities:

1.

Advice and guidance of physical parents before and during the adoption of the adoption process;

2.

Advice, preparation, suitability assessment and training of adoptive advertisers and workers;

3.

Selection of suitable adoptive parents according to the individual needs of children and young people (adoption agency).

Participation in cross-border adoption

§ 33. (1) Participation in cross-border adoption shall include the following activities:

1.

Advice, preparation, suitability assessment and training of adoptive advertisers and workers;

2.

Transmission and reception of documents and reports in international exchange with the competent authorities abroad.

(2) In the performance of tasks referred to in paragraph 1, the provisions of international treaties and other international legal obligations are in particular the Hague Convention of 29 May 1993 on the protection of children and cooperation in the With regard to cross-border adoptions, BGBl. III No 145/1999.

Appropriation assessment

§ 34. (1) Prior to the placement of adoptions domestiy or the transmission of applications abroad, the personal suitability of the adoptive advertisers and of the children's and youth helpers should be assessed and documented.

(2) In the assessment of aptitude, it is necessary to examine whether the adoptive advertisers can guarantee the promotion and upbringing of the adoptive children entrusted to them. In particular, the mental and physical health, the educational setting, the educational ability, the age and the reliability of the adoptive advertisers and the resilience of the family system are to be considered.

(3) The adoptive advertisers are obliged to provide the children's and youth welfare authorities with the necessary information, to submit necessary documents and to allow the viewing of premises in the context of the assessment of the suitability of the child.

6.

Children's and youth advocacy

§ 35. (1) The country has set up a child and youth office.

(2) The Children's and Youth Office has in particular the following tasks to obtain:

1.

Advice to children, young people, young adults and parents or otherwise entrusted with care and education in all matters concerning the position of children, young people and young adults, as well as the tasks of persons entitled to care. ;

2.

Assistance in the event of disagreement and disagreement between parents or persons and children and young people on care and education entrusted with care and upbringing;

3.

informing the public about the duties of the children's and youth advocacy groups, children's rights and other matters of particular importance to children, young people and young adults;

4.

-raising the interests of children, young people and young adults in legislative processes and in planning and research;

5.

Cooperation with and support of national and international networks.

(3) Land legislation is intended to ensure that the Office for Children and Youth has the necessary information, means and instructions for the proper running of its tasks, and that it is easy for children and young people to do so; is accessible free of charge.

3. Main piece

Criminal provisions

§ 36. (1) Provided that the action does not constitute a criminal offence within the jurisdiction of the courts or is threatened with a stricter penalty under other administrative criminal provisions, the national legislation shall have administrative penalties. , in particular

1.

the unauthorised or unauthorised placement of care relationships or adoptions;

2.

not only temporary care and education of children and young people without the necessary permits;

3.

the obstruction of the aptitude assessment or assessment or the supervision.

(2) Imprisonment may not be provided for.

Part 2 (Federal Law Applicable to Immediately applicable law)

Communications on suspicion of child welfare

§ 37. (1) In the course of a professional activity, there is a reasonable suspicion that children or young people are being mistreated, tortured, neglected or sexually abused, or have been or have been seriously compromised in other ways, and it is not possible to prevent this particular serious danger to a particular child or young person, the following institutions shall be notified without delay in writing to the local children's and youth welfare authorities responsible for :

1.

the courts, authorities and bodies of public oversight;

2.

facilities for the care or teaching of children and young people;

3.

psychosocial counselling services;

4.

private facilities for children's and youth welfare;

5.

Sick and spa institutions;

6.

Home-care facilities;

(2) The decision on the communication shall, if necessary, be taken in the interaction of at least two skilled workers.

(3) The obligation to provide notification in accordance with paragraph 1 shall also apply:

1.

persons who take over the care or teaching of children and young people in a freelance way;

2.

Persons responsible for the assistance of children and young people who are employed by freelance workers;

3.

Members of the statutory health professions, provided that they do not carry out their professional activities in a body referred to in paragraph 1.

(4) In any event, the written notification shall contain information on all relevant perceptions and conclusions drawn from them, as well as the names and addresses of the children and young people concerned and the person subject to the notification.

(5) Professional regulations on secrecy do not preclude the fulfilment of the obligation to communicate in accordance with paragraph 1 and para. 3.

Mutual assistance

§ 38. Within the framework of its legal scope, the institutions of the Federal Government, the Länder, the municipal associations, the municipalities and the social insurance institutions are obliged to assist the child and youth welfare authorities in the performance of their tasks.

Communications for determining income ratios

§ 39. If a person who is dependent on children, young people and young adults is not sufficiently involved in the determination of their income and financial circumstances, the social security institutions, the labour market service and the to provide employers and employers with information on the insurance and employment relationship as well as cash benefits on the basis of unemployment, on a case-by-case basis by the child's and youth welfare authorities.

Data Usage

§ 40. (1) The children's and youth welfare authorities are empowered to provide the following personal data for children, young people and young adults, persons related to them or persons who have been refused to do so, persons living with them in the common household, Reference persons and, in whole or in part, with care for the children and young people, for the purpose of clarifying child welfare threats, granting educational aid, aid for young adults, or social services, and To use participation in adoption, in so far as this is in the overriding legitimate interest of children, adolescents and young adults is required:

1.

Name, former name, date of birth, place of birth, gender, address, telephone numbers, e-mail addresses, fax numbers, family status, health data, data on criminal convictions, training and employment, area-specific personal identification number, social security number, registration number, nationality, nature of the relationship;

2.

the nature, scope and results of the risk assessment;

3.

Type, extent, reason and course of education aid, assistance for young adults and social services.

(2) The children's and youth welfare authorities are empowered to provide the following personal data for children, young people and young adults, persons who are obliged to support them, and close relatives for the exercise of the legal representation and care as well as for the purpose of the reimbursement of the costs of the full education, the calculation of the maintenance fee in accordance with § 20 (4) and the settlement of the fees for social services:

1.

Name, former name, date of birth, place of birth, gender, address, telephone numbers, e-mail addresses, fax numbers, marionary status, education and employment, area specific identifier, social security number, reporting number, Nationality, family law relationship;

2.

income, social and family benefits, information on the service provider or service provider, assets, liabilities and bank details;

3.

data required for the exercise of legal representation and custody, such as in particular in the descent and maintenance procedures, procedures after the Asylum G 2005, the FPG 2005 and the NAG.

(3) The children's and youth welfare authorities are empowered to provide the following personal data of children, young people, persons related to them or persons who are not in use, persons living with them in the common household, persons with whom they are living, and all or all of them. to use, in part, persons responsible for the care of children and young people for the purpose of their opinion in civil and criminal courts, in so far as this is necessary in the overriding legitimate interest of children and young people:

1.

Name, former name, date of birth, place of birth, gender, address, telephone numbers, e-mail addresses, fax numbers, marionary status, health data, data on criminal convictions, training and employment, area-specific personal identification number, social security number, registration number, nationality, nature of the relationship;

2.

Data required for the assessment of the child's child or for the determination of the child's will.

(4) The children's and youth welfare authorities are authorized to provide special information pursuant to Section 9a of the StrRegG with regard to parents and other natural persons, the children and other natural persons, for the purpose of clarifying child welfare threats and granting educational assistance. Not only care for young people temporarily in the common household, to get to the Federal Police Directorate Vienna and to use this data.

(5) The children's and youth welfare authorities shall be subject to data security measures. In any case, all data usages must be recorded. Sensitive data may only be transmitted in encrypted form.

(6) The child and youth welfare authorities shall have the right to provide data in accordance with para. 1 to 3 to other children's and youth welfare institutions, courts and institutions and persons who are active in the assessment, care and treatment of children and young people, or shall be submitted on a case-by-case basis, provided that this is necessary in the overriding legitimate interest of children, young people and young adults.

(7) The data processed in accordance with paragraphs 1 to 3 may only be provided to the courts to the extent that they are necessary for the implementation of the relevant procedures and that the child's well-being or the confidentiality of the disclosure of the data is not conflict.

(8) The processed data may only be retained for as long as it is necessary for the purposes for which it was processed.

Exemption from the obligation to pay public charges

§ 41. Entries made to the children's and youth welfare authorities, certificates and copies, which are constructed and certified by the children's and youth welfare authorities, as well as agreements pursuant to § 42 shall be subject to stamp and legal fees as well as to other Administrative duties of the Federal Government.

Agreements with the children's and youth welfare authorities

§ 42. Agreements on the replacement of the costs of the full education and care of young adults, which are concluded between the substitutes and the children's and youth welfare institutions, have the effect of a judicial comparison.

Judicial procedure for determining the rate of cost

§ 43. In so far as an agreement on the replacement of costs of full education and care for young adults does not come into effect, the resulting costs arising as well as those arising in the future shall also be decided upon before the replacement entitlement is due. Application by the child and youth welfare institution to the parish court in the proceedings in addition to disputes. The rules on the maintenance procedure shall apply. A replacement of the costs of the proceedings does not take place.

Power to assess and to be credited

§ 44. (1) Statements on the recognition of paternity and related declarations shall be made by every child and youth welfare carrier to be assessed and to be certified.

(2) The child and youth welfare authorities shall have copies of the declarations of recognition of the recognition of paternity and related declarations and the certified statements of the competent authorities which have been submitted to it by the competent authorities. the civil service authority.

(3) Declarations of consent to the adoption of children and young people, and explanations relating to them, must be made by every child and youth welfare carrier to be assessed and to be certified. If a child and youth welfare carrier has an assessment of this type of consent, it shall also have its revocation to the customer. At the request of the competent child and youth welfare institution or of the court, a certified copy of the declaration shall be transmitted to the latter.

Cofinancing of the federal government in research and statistics

§ 45. The Federal Government can initiate and co-finance relevant research and statistical surveys in the case of projects which are of major importance for Germany. Cooperation with all children's and youth welfare organisations is to be sought.

Federal subsidies

§ 46. (1) The federal government grants a grant of 3.9 million euros a year to the countries for the purposes of child and youth assistance in 2013 and 2014. This amount shall be allocated among the countries as follows:

Burgenland: ............................................................ 120.120 Euro

Carinthia: ......................................................... 247.260 Euro

Lower Austria: ......................................................................... 758.160 Euro

Upper Austria: ............................................................................ 688.350 Euro

Salzburg: ......................................................... 256.230 Euro

Steiermark: ......................................................... 524.160 Euro

Tyrol: ......................................................................................... 342.810 Euro

Vorarlberg: ......................................................................................... 195.780 Euro

Vienna: ....................................................................................... 767.130 Euro

(2) The payment is made by the Federal Ministry for Economic Affairs, Family and Youth in March, for the first time with the month in which the relevant implementing law came into force, on the account announced by the country.

(3) If the respective execution law enters into force after 31 December 2013, charges shall only be charged for the purpose of the 2014 year.

Part 3 (Final provisions)

entry into force

§ 47. (1) This federal law shall enter into force on 1 May 2013.

(2) The Youth Welfare Act, BGBl. No. 161/1989, as last amended by Federal Law BGBl. I No 47/2007 will expire on 30 April 2013.

(3) The implementing laws of the Länder shall be adopted within one year, calculated from the date of entry into force of this Federal Law.

Fischer

Faymann