Federal Children And Youth Welfare Law 2013 - B Kjhg 2013

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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996575/bundes-kinder--und-jugendhilfegesetz-2013--b-kjhg-2013.html

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69. Federal law on the principles for contributions to families and education aid for children and young people (Federal Child- and youth assistance Act 2013 - 2013 B KJHG)

The National Council has decided:

Table of contents



Type / clause



Subject / title



1 part (principle provisions)



1. main piece



Objectives and tasks



§ 1.



Principles of child and youth welfare



§ 2.



Goals of children and youth services



§ 3.



Tasks of the children and youth welfare



§ 4.



Definitions of terms



§ 5.



Personal scope and territorial jurisdiction



§ 6.



Obligation of secrecy



§ 7.



Rights to information



§ 8.



Use of data



§ 9.



Documentation



2. main piece



Services for children and youth



1 section



General terms and conditions



§ 10.



Sponsorship



§ 11.



Private child and youth welfare institutions



§ 12.



Professional orientation



§ 13.



Planning



§ 14.



Research



§ 15.



Statistics



2. cut off services for expectant parents, families, children and young people



§ 16.



Social services



§ 17.



Socio-educational facilities



§ 18.



Foster children and caregivers



§ 19.



Care relationships under the full education



§ 20.



Child care support



§ 21.



Private care conditions



3. risk assessment and help planning section



section 22.



Threat clarification



section 23.



Help planning



§ 24.



Participation



4 section education AIDS



§ 25.



Support of education



section 26.



Full education



§ 27.



Education aid on the basis of an agreement



section 28.



Education AIDS due to a court order



section 29.



Aid for young adults



section 30.



Cost pay, reimbursement of costs



5. cut off participation in the adoption



§ 31.



Principles



§ 32.



Participation in the adoption in Germany



§ 33.



Participation in the cross-border adoption



§ 34.



Proficiency assessment



6 section child and youth advocacy



section 35.



Children and youth advocacy



3. main piece



Penal provisions



section 36.



Penal provisions



2 part (directly applicable federal law)



section 37.



Messages suspected the child wellbeing risk



section 38.



Administrative assistance



§ 39.



Messages for determining income



section 40.



Use of data



section 41.



Exemption from the obligation to pay public taxes



§ 42.



Agreements with the children and youth welfare vehicle



§ 43.



Legal proceedings for determining refunding



§ 44.



Power to the certification and accreditation



§ 45.



Part-financing of the federal research and statistics



§ ° 46.



Purpose federal grants



3 part (final provisions)



§ 47.



Entry into force 1 part (policy requirements)

1. main piece

Objectives and tasks

Principles of child and youth welfare

Children and adolescents have § 1 (1) a right to promote their development and education for a responsible and community-oriented personality.

(2) the care and upbringing of children and young people is the duty and the right of their parents or persons entrusted otherwise with care and education in the first place.

(3) parents and persons entrusted otherwise with care and education are in the exercise of care and education by providing information and advice to support and strengthen the social environment.

(4) the well-being of the child with regard to care and upbringing is not warranted by parents or otherwise with care and education Constitution persons, education assistance to grant.

(5) family rights and relations may to intervene in only to the extent, as this is necessary and provided for in the civil law to ensure of the well-being of the child.

(6) the performance of duties of the child and youth welfare is carried out in cooperation with the education, health and social system.

Goals of children and youth services

§ 2. In carrying out the tasks under this Federal Act, aims to pursue are: 1 education of general awareness of principles and methods of conducive care and upbringing;

2. strengthening the education of families and promoting awareness of parents for their tasks;

3. to promote a reasonable development and development of children and adolescents, as well as their autonomy;

4. protection of children and adolescents from all forms of violence and other child welfare hazards in terms of care and education;

5. reintegration of children and adolescents in the family in the interest of the welfare of the child, in particular in connection with education aid.

Tasks of the children and youth welfare

§ 3. Taking into account the principles of the Convention on the rights of the child, BGBl. 7/1993, are following tasks to the extent required to get: 1 information on supportive care and upbringing of children and young people;

2. advice on education and development and family problems;

3. assistance to parents, families, children and young people to deal with family problems and crises;

4. risk assessment and help planning;

5. education helps with risk of the well-being of the child with regard to care and upbringing;

6 cooperation with institutions, authorities and public services;

7 participation in the adoption of children and adolescents;

8 public relations objectives, tasks and working methods of child and youth welfare.

Definitions of terms

§ 4. In this Federal Act, the terms mean: 1 "children and adolescents": persons up to the age of 18 years;

2. "young adults": persons who have completed the 18th, but not yet the age of 21

3. "Parents": parents, including adoptive parents, as well as the respective parents, if care and education or similar obligations and rights to them under foreign law.

4. "parents": pregnant women and their spouses or the man known as the father of the unborn child of the pregnant women.

5. "with care and education was entrusted persons": natural persons who come to care and education or similar obligations and rights under foreign law;

6 "close relatives": up to the third degree-related or parents and spouse and spouses or cohabitees and life companions or registered partners and partners of parents.

Personal scope and territorial jurisdiction

5. (1) a primary residence, habitual residence or stay at home by parents, children, adolescents and young adults is prerequisite for the granting of services the child and youth welfare.

(2) for the provision of the services that children and youth help carrier is responsible, area in which the affected children, adolescents, young adults, parents, carers or adoptive applicants and-werberinnen their primary residence, in the absence of such have their habitual residence. Also one is not given, is decisive.

(3) in the case of the imminent danger that children and youth help carrier is responsible, area in which the necessary arrangements to meet are. The locally competent pursuant to par. 2 children and youth help carriers is to communicate.

(4) in the case of change of main domicile, habitual residence or residence passes the responsibility to other children and youth support. No change of jurisdiction occurs when are children and young people within the framework of an educational support in another federal State or abroad and important reasons not for. The children and youth welfare institution which becomes aware of circumstances giving rise to the change of jurisdiction, has to promptly inform the others.

Obligation of secrecy

Employees of child and youth welfare support of the and the contracted private child and youth welfare institutions are § 6 (1) to maintain secrecy about facts of the private and family life, the expectant parents, parents or persons entrusted otherwise with care and upbringing, family, directly or indirectly affect children, adolescents, and young adults and are known only from this occupation, is obliged, if legitimate disclosure not in the vast interests of affected children , Adolescents and young adults is located.

(2) the obligation to maintain secrecy continues even after the termination of the activity for the children and youth welfare carrier or contracted private child and youth welfare institution.

(3) the obligation of secrecy not in relation to the child and youth welfare support.

(4) the obligation of secrecy is in criminal proceedings not to requests of public prosecutor's offices and courts relating to the concrete suspicion that children and young people have been mistreated, tortured, neglected or sexually abused. The provisions of §§ 51 para 2, first sentence, and 112 StPO are to apply by analogy.

Rights to information


Children and adolescents have section 7 (1) the right to information even about all the children and youth help carrier and commissioned private children and youth help institution known facts of their private and family life, knowledge of which is reasonable to them due to their age and level of development, if not overwhelming, worthy of consideration personal interests of parents or persons entrusted otherwise with care and upbringing and other individuals, and prevailing public interests be jeopardized.

(2) the exercise of the right referred to in paragraph 1 is to children and young people, once they have the necessary insight and judgment. The presence of insight - and judgment can be assumed from the age of 14 years.

(3) after reaching the age of majority, information about all is them on request to give known facts, if not vast, worthy of consideration, personal interests of parents or persons entrusted otherwise with care and upbringing as well as other persons are endangered children and youth help carrier and commissioned private children's and youth welfare institution.

(4) parents or persons entrusted otherwise with care and education have the right to receive information about all the children and youth help carrier and commissioned private children and youth help institution known facts of their private and family life, as far as the disclosure not the interests of children and young people or vast, worthy of consideration personal interests of parents or persons entrusted otherwise with care and upbringing as well as others are endangered. This right is also persons, care and education on the basis of a training system completely or partially no longer comes to them.

Use of data

§ 8 (1) of child and youth welfare carrier is authorized to use the following data of natural and legal persons providing services within the meaning of the 2nd main piece, and adoptive applicants and-werberinnen proficiency assessment and supervision: 1. with regard to natural persons: name, former name, gender, date of birth, birthplace, address, telephone numbers, e-Mail addresses, fax numbers, marital status, professional qualification, nationality, sector-specific personal identifier, social security number, login register number, data for the economic qualifying examination;

2. with regard to natural persons, directly serving children and young people, as well as persons living with carers in the meaning of section 18 and adoptive applicants and-werberinnen not only temporarily in the same household: data according to Z 1, data relating to health, criminal convictions, information about the suitability as a caregiver;

3. with regard to legal persons: name of the legal person, as well as their responsible and authorized institutions, staff and employees, powers, seat, address, company registration, Central Association registration number, telephone numbers, e-Mail addresses, fax numbers, professional qualifications of staff and employees, data for the economic qualifying examination;

4. data relating to the supervisory activities.

(2) children and youth help carrier is authorized to use the following data of natural and legal persons providing services within the meaning of the 2nd main piece for the provision and billing of services: 1. with regard to natural persons: name, former name, gender, date of birth, birthplace, address, phone numbers, e-Mail addresses, fax numbers, marital status, professional qualification, bank details, sector-specific personal identifier, social security number, login register number, professional qualifications and service and pay legal position;

2. with regard to legal persons: name of the legal person, as well as their responsible and authorized institutions, staff and employees, powers, seat, address, company registration number, Central Association register number, telephone numbers, e-Mail addresses, fax numbers, bank account;

3. type, quantity, duration, fees and cost of services, information on the beneficiaries and service recipients.

(3) the child and youth welfare carrier is authorized to catch up with Vienna for the purpose of the proficiency assessment and supervision of special information pursuant to § 9a StrRegG in relation to natural persons, directly serving children and adolescents in the context of service provision within the meaning of the 2nd main piece, and adoptive applicants and recruiters at the Federal Police Headquarters, and use the data.

(4) data, will be used in accordance with paragraphs 1 and 2 may be transferred only for the purposes referred to in paragraphs 1 and 2 to other children and youth help carriers, other payers and dishes.

(5) the processed data must be stored only as long as it is necessary for the purposes for which they are processed. In addition, the provincial legislature can set minimum and maximum periods for deletion of data types.

Documentation

§ 9 (1) on the provision of services within the meaning of the 2nd main piece have to do a written documentation of children - and youth help carrier and commissioned private children's and youth welfare institution.

(2) the documentation has information about affected bodies, providers, managers and for professionals, as well as kind, to include scope and duration of the services anyway.

(3) the documentation of services within the meaning of the 3rd section of the 2nd main piece has Furthermore, in any case, information about the contents of risk communications, nature and extent of the identified risk, social history of affected children and young people, to contain content of the aid plan, as well as data from respondents.

(4) children and youth help carrier and commissioned private children and youth help institution has to make organizational arrangements, data protection Act 2000 guaranteeing the protection of the privacy interests of those affected in the sense of § 1 para 2. Insight into the documentation may be granted only within the framework of the rights to information pursuant to section 7.

(5) in the case of change of jurisdiction or granting education assistance at danger in delay in the sense of § 5, paragraph 3, the documentation of the previous provision is to passed to the local children's and youth services.

2. main piece

Services for children and youth

1 section

General terms and conditions

Sponsorship

§ 10 (1) is the country (child and youth welfare carrier) carrier of child and youth welfare.

(2) the national legislation determines the units of the Organization, to provide the services within the meaning of the 2nd main piece and other tasks incumbent on the children and youth welfare carrier that have to meet.

(3) services which are reserved, not the children - and youth support may be provided also by private child and youth welfare institutions, provided they are suitable for its factual and personnel equipment to carry out these tasks.

Private child and youth welfare institutions

§ 11 (1) at the request of is to decide on the existence of the eligibility requirement for private child and youth welfare institutions with notice of the children and youth welfare support. Change the eligibility requirements, these are once again to consider and the decision to amend if necessary.

(2) in the case of the aptitude test is to check whether the private children and youth assistance facility has a technically well-founded concept, technical and auxiliary staff in the required number, suitable premises and adequate economic conditions in particular.

(3) through the provision by suitable private child and youth welfare institutions performance contracts can be completed, in which including type, size and other conditions of service provision the service fees can be regulated.

(4) the provision by private child and youth welfare institutions is subject to the supervision of the children and youth welfare institution. The remedy of defects is applied with notice. The suitability criteria no longer exist, is to revoke the permit.

(5) private child and youth welfare institutions are obliged to furnish the necessary information in the child and youth welfare support in the framework of the approval process, supervision and services, present the necessary documents, to allow contact with the assisted children and adolescents and the inspection of premises.

Professional orientation

Services for children and youth are § 12 (1) according to professionally accepted standards, as well as the current state of science to provide.

(2) for the provision of services the child and youth welfare, only professionals are to be used, which are trained and personally suitable for the respective field of activity. The use of other appropriate forces is permitted if nature and extent of the activities require no specialist training.

(3) the child and youth welfare carrier has to set the education and eligibility requirements, as well as the number of required professionals. It is on technical standards to take scientific evidence as well as the population groups that receive the service, carefully.

(4) regular in-service training and continuing education, as well as supervision is professionals of children and youth services to offer.


(5) for the individual services of children and youth services, developments to set professional standards, which in an appropriate manner for the professionals both providing the child and youth welfare institution and private child and youth welfare institutions, the services for the children and youth services, are binding to make are taking into account scientific knowledge and social.

Planning

Section 13 (1) of child and youth welfare carrier to provide through short -, medium - and long-term planning, that are services and the required type and the necessary scope available.

(2) in the case of planning are social developments to take into account technical standards, scientific knowledge as well as the structure, development and problems of the population.

Research

Research projects to operate and collect their results are section 14 (1) to assess the qualitative impact of services for children and youth, as well as to the development of thereof.

(2) in the case of issues of transnational importance, several children's and youth help carriers to work together.

Statistics

Are for determining the quantitative impact of services for children and youth § 15 (1) to raise annual statistical data to the following information: 1. number of persons, the social services, took

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

3. number of children and young people, who were housed in childcare facilities and carers;

4. number of the hazard investigation;

5. number of education aid on the basis of an agreement and of education aid due to a court order;

6. number of young adults who have received assistance in accordance with section 29;

7. number of children and young people, has been involved for a domestic adoption;

8. number of children and adolescents, for which has been participated in a cross-border adoption.               

9 number of children and young people, for the legal representations in terms of the General Civil Code paragraphs 207 to 209, § 9 UVG, § 16 AsylG 2005 and § 12 FPG 2005; done

10 expenditure and revenue of the public child and youth welfare.

(2) pay according to para 1 No. 2, 3, 6, 7 and 8 are broken down by age and sex.

(3) the data are group together for a year and to publish in an appropriate manner.

2. section

Services for expectant parents, families, children and young people

Social services

Section 16 (1) of child and youth welfare carrier has to provide that the promotion of care and upbringing and to cope with everyday family life social services for expectant parents, families, children and young people available are.

(2) social services can be taken at your own discretion claimed by parents, families, children and young people.

(3) social services include outpatient and inpatient services, in particular 1. offers to promote the care and upbringing in families;               

2. assistance to deal with family issues;

3. assistance for families in crisis situations;               

4. assistance for children and young people in problem situations;

5. education and training for carers and adoptive recruiter - recruiters.

(4) for social services fees can be levied.

Socio-educational facilities

Section 17 (1) of child and youth welfare carrier has to provide standing socio-educational facilities available to the care and upbringing of children and young people in the context of the full education. It is to take on the different problems and the age-appropriate needs of children and youth care.

(2) socio-educational facilities can be offered as both a stationary and stationary services.

(3) socio-educational facilities include 1 especially childcare facilities for emergency situations;

2. childcare facilities for the permanent care of children and young people;

3. supervised housing for young people;

4. non-fixed forms of social pedagogy.

(4) for the establishment and operation of social educational facilities, a permit of the children and youth welfare institution is required. This is to grant, provided that the suitability to operating the equipment on request.

(5) in the authorization process is to verify that the operator has a technically well-founded concept, technical and auxiliary staff in the required number, suitable premises and adequate economic conditions in particular.

(6) socio-educational institutions are subject to the supervision of the children and youth welfare institution. The remedy of defects is applied with notice. The suitability criteria no longer exist, is to revoke the permit.

(7) operators are required to furnish the necessary information in the child and youth welfare support in the framework of the approval process, supervision and service delivery, to submit necessary documents and to allow contact with the assisted children and adolescents and the inspection of premises.

Foster children and caregivers

Section 18 (1) foster children are children and young people who are not only temporarily maintained and educated than the parents or other persons responsible for care and education of others.

(2) children and young people, which are not only temporarily maintained and educated, by close family member apply only as foster children, if this happens in the context of the full education.

(3) caregivers are individuals who educate and maintain foster children within the meaning of paragraph 1 and 2.

Care relationships under the full education

Section 19 (1) assessing the suitability of caregivers as well as the supervision are the children and youth welfare carrier reserved. Private child and youth welfare institutions can be entrusted with the preparation and technical monitoring of care-givers, as well as arranging care conditions.

(2) before the delivery of a child to care is to check the personal suitability of the carers of the children and youth welfare support and document.

(3) in view of the planned nature and duration of the care relationship and taking into account the individual needs of the child of care is to check whether the caregivers can ensure a supportive care and upbringing in assessing suitability. These are in particular the mental and physical health, the education setting, the ability of education to consider the age and reliability of caregivers as well as the resilience of the family system in consideration.

(4) nursing staff have to be trained to participate. Regular training and support to the consolidation of the care relationship will be offered them.

(5) caregivers are required to furnish the necessary information in the child and youth welfare carrier suitability assessment, supervision and service delivery, to submit necessary documents and to allow contact with the assisted children and adolescents and the inspection of premises.

Child care support

Section 20 (1) of child and youth welfare carrier has for caregivers who care for a foster child in the context of the full education and are not close family member of the child of care, to set a pauschaliertes care child support. This is the age-appropriate care expenses into account.

(2) child care benefit is used for the compensation of expenses related to care and education.

(3) the possibility for social security protection should be offered caregivers.

(4) a maintenance contribution may be granted in the context of the full education, taking into account their social circumstances and any maintenance obligations close family member up to the amount of the child care benefit.

Private care conditions

Section 21 (1) for not only temporary care and education of care children up to the age of 14 years, which does not occur in the context of the full education, requires a permit of the children and youth welfare institution.

(2) the proposed acquisition of care children in the sense of paragraph 1 is to show the competent children's and youth support.

(3) for the grant is to check whether the caregivers can ensure a supportive care and upbringing of the foster children entrusted to. These are in particular the mental and physical health, the education setting, the ability of education to consider the age and reliability of caregivers as well as the resilience of the family system in consideration.

(4) private care conditions are subject to the supervision of the children and youth welfare institution. The remedy of defects is applied with notice. The suitability criteria no longer exist, is to revoke the permit.

(5) caregivers are required to furnish the necessary information in the child and youth welfare support in the context of the authorisation procedure and the supervision, to submit necessary documents and to allow contact with the assisted children and adolescents and the inspection of premises.

3. section

Risk assessment and planning help

Threat clarification


Section 22 (1) arises especially due to communications about the suspected of endangering of the well-being of the child in accordance with § 37 or due to a legal professional commitment and credible messages third concrete suspicion of danger to children and adolescents, is the assessment of risk, taking into account the urgency to initiate immediately, to assess the risk of exposure.

(2) the risk assessment consists of collecting those facts which are important for assessing the suspicion of risk and assessing whether there is a threat to child well-being. This is in a structured way of operation, carried out in accordance with professional standards and taking into account the nature of the exposure to be expected.

(3) as sources of knowledge, especially discussions with the affected children and young people, their parents or persons entrusted otherwise with care and upbringing, persons in whose care the children and young people regularly reside, visits of residence or place of stay of children and young people, opinions, reports and opinions from experts as well as the written hazard communication within the meaning of section 37 in considering come.

(4) duty pursuant to § 37 or under occupation regulations are required in the context of hazard investigation to furnish the necessary information about the affected children and young people, as well as to submit necessary documents.

(5) the risk assessment is to meet, if necessary, in the interaction of at least two professionals.

Help planning

Section 23 (1) as a basis for the granting of educational assistance a help plan and at reasonable time intervals to check whether the selected education aid is still appropriate and necessary.

(2) the aid plan is to create with the objective of ensuring the adequate social, mental and physical development and education of children and young people. There are in the individual case in terms of the threat to child welfare to insert the most promising educational AIDS, and ensure is that as little as possible will intervene in family relationships.

(3) the decision on the education assistance in individual cases or changes thereto is necessary to make the interaction of at least two professionals.

Participation

Children, young people, parents or persons entrusted otherwise with care and upbringing are section 24 (1) to participate in the context of the risk assessment, to advise the decision relating to the granting of educational AIDS, as well as at each change of type and scope of education aid and pointing out the possible consequences for the development of children and young people.

(2) those referred to in paragraph 1 are in the selection of the type and extent of assistance to participate in. Your wishes is to meet as far as compliance with them would have no negative impact on the development of affected children and young people or impose disproportionate costs.

(3) in the case of the participation of children and adolescents, care is to take on their level of development.

(4) the participation is to refrain, as far as this would endanger the well-being of affected children and young people.

4 section

Education aid

Support of education

Section 25 (1) the well-being of the child is endangered and it is expected that the danger to remain in the family or the other previous living environment can be averted, is to support the education of children and young people.

(2) support of education includes in particular the use of ambulatory AIDS, regular home or doctor visits and the limitations of the contact with people who threaten the well-being of the child.

Full education

Section 26 (1) the well-being of the child is endangered and it is expected that the danger can be averted only by support outside the family or the other previous living environment, is to provide full education of children and young people provided the children and youth welfare support is entrusted with the care and upbringing of the entirety.

(2) full education comprises in particular the care of close relatives, carers and in socio-educational facilities.

Education aid on the basis of an agreement

Section 27 (1) the granting education assistance, with which the parents or persons entrusted otherwise with care and education agree, is based on a written agreement between them and the children and youth welfare support.

(2) the conclusion, amendment and the termination of this agreement must be in writing.

Education AIDS due to a court order

The parents consent 28 (1) or otherwise not to child and youth welfare carrier has persons entrusted with care and education a necessary educational support at court the necessary court orders, such as the withdrawal of custody or portions of the custody (§ 181 ABGB), to apply for.

(2) in the case of the imminent danger has the children and youth welfare carrier immediately to provide the necessary educational support and to make the necessary applications to court (§ 211 ABGB).

Aid for young adults

Section 29 (1) outpatient and aid may be granted young adults through care of close relatives, carers or in social institutions, if educational AIDS were already granted at the time of the completion of the 18th year of life and this is urgently needed to achieve the objectives defined in the aid plan.

(2) the assistance may only with the consent of the young adults and are granted only as long as is necessary due to the individual life situation. The aid anyway, ending with the age of 21 years.

Cost pay, reimbursement of costs

The cost of providing education and aid for young adults are 30 (1) as far as nation - or landesgesetzlich nothing else is intended initially to be borne by the children and youth welfare support. The State can determine other landesgesetzlich controlled legal entity to bear the costs of services in the child and youth welfare.

(2) in the case of granting education assistance through the incompetent local children and youth help carriers pursuant to § 5 para 3, the locally competent children and youth help carrier has to reimburse the costs of this.

(3) the cost of the full education and care of young adults in accordance with § 29 are as far as the maintenance is actually made to replace, as far as they are able for their living conditions to do so or were able at the time of the granting of education assistance to the civil law to the maintenance debtor.

(4) claims of children, adolescents and young adults on recurring services that serve the needs of maintenance, pass up to the amount of the claim to the full education or the care of young adults of granting children and youth help carriers or other cost objects directly by operation of law on the Satsfaction.

(5) the right to claim reimbursement of costs can be made retroactively for three years.

5. section

Participation in the adoption

Principles

Section 31 (1) has the adoption agency the goal to provide the best suitable adoptive parents or adoptive parent children and young people. There must be the reasonable view that it establishes a relationship corresponding to the relationship between natural parents and children. The interests of children and young people can be noted as a priority.

(2) the adoption placement and proficiency assessment are reserved for the children and youth welfare support. The advice, preparation and technical support of adoptive applicants and-werberinnen and reporting by private child and youth welfare institutions is permissible.

(3) the collection of a fee for providing the adoption is not permitted.

(4) information on the birth parents or parents are to document and to keep 50 years from final approval of the adoption. Persons entrusted with the custody can request information for important medical or social reasons in, as long as the adopted child has not yet reached the 14 age. This right is the adopted child even after the age of 14 years.

Participation in the adoption in Germany

§ 32. The participation at the adoption in Germany includes following activities: 1. consulting and monitoring of biological parents before and during the adoption process;

2. consulting, preparation, fitness assessment and training for adoptive applicants and recruiters;

3. selection of suitable adoptive parents according to the individual needs of children and adolescents (adoption agency).

              Participation in the cross-border adoption

33. (1) the participation in the cross-border adoption includes following activities: 1. consultation, preparation, fitness assessment and training for adoptive applicants and recruiters;

2. delivery and acceptance of documents and reports in the international exchange with competent authorities in other countries.              


(2) para 1 in the performance of duties in accordance with the provisions of international treaties and other international legal obligations are in particular the Hague Convention of 29 May 1993 on protection of children and cooperation in regard to cross-border adoptions, BGBl. III No. 145/1999, to keep up.

Proficiency assessment

34. (1) before of the arranging of adoptions in the domestic or the transmission of applications in foreign countries is to assess the personal suitability of adoptive applicants and-werberinnen by the children and youth welfare support and document.

(2) in assessing suitability is to examine whether the adoptive applicants and-werberinnen can ensure a supportive care and upbringing of the adopted children entrusted to. These are in particular the mental and physical health, the education setting, education ability to consider the age and reliability of adoptive applicants and-werberinnen, as well as the resilience of the family system in consideration.

(3) the adoptive applicants and-werberinnen are required to furnish the necessary information in the child and youth welfare carrier suitability assessment, to submit necessary documents and to allow the inspection of premises.

6 article

Children and youth advocacy

35. (1) has the land to set up a children's and youth advocacy.

(2) the child and youth advocacy has in particular the following tasks to get: 1. consultation of children, adolescents, young adults and parents or persons entrusted otherwise with care and upbringing in all matters affecting the position of children, adolescents and young adults, as well as the responsibilities of entitled to custody;

2. assistance in disagreements and disputes between parents or persons entrusted otherwise with care and upbringing, and children and young people about care and upbringing;

3. informing the public about the tasks of child and youth advocacy, children's rights and other matters that are for children, teenagers and young adults of particular importance;

4. introduction of the interests of children, adolescents and young adults in law-making processes, planning and research;

5. cooperation with and support of national and international networks.

(3) the national legislation to ensure that children and youth advocacy has the for the proper performance of their tasks necessary information, resources and freedom of instruction and it is easy and free of charge accessible for children and young people.

3. main piece

Penal provisions

36. (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or threatened after other administrative penal provisions more stringent punishment, has in particular to provide for the land legislation of administrative penal provisions for 1 the unauthorized or non-gratuitous provision of care conditions or adoptions.

2. not only temporary care and upbringing of children and young people without the required permits.

3. the disability of the aptitude test or assessment, or the supervision.

(2) imprisonment may not be provided.

2 part (directly applicable federal law)

Messages suspected the child wellbeing risk

The reasonable suspicion that children or young people are abused, tortured, neglected or sexually abused or have been results 37. (1) in the exercise of a professional activity or their well-being in any other way is significantly at risk, and this specific significant hazard a particular child or young people can't prevent different, is to give notice to the local children and youth help carriers immediately in writing by the following agencies : 1 courts, authorities and organs of public supervision;

2. facilities to the support or the teaching of children and adolescents;

3. facilities for psychosocial consultation;

4. private institutions for children and youth;

5. health and spas;

6. facilities of home nursing;

(2) the decision on the communication is necessary to make the interaction of at least two professionals.

(3) the notification obligation referred to in paragraph 1 is true also: 1. persons who freelance assume the care or the teaching of children and adolescents;

2. from the child and youth welfare commissioned freelance persons;

3. members of regulated health professions, provided that they carry out their professional activities not in a facility referred to in paragraph 1.

(4) the written notice must include at least information about all relevant perceptions and resulting drawn conclusions and names and addresses of affected children and young people, and the person subject to the notice.

(5) Berufsrechtliche do not preclude the fulfilment of the reporting obligation referred to in paragraph 1 and 3 rules of confidentiality.

Administrative assistance

section 38. The institutions federal, the countries, the associations of municipalities, the municipalities and the social security carrier are obliged the children and youth welfare support in the context of their legitimate sphere of competence in carrying out its tasks to help.

Messages for determining income

§ 39. insufficient acts with one breadwinner to children, adolescents and young adults to determine of their income and assets, so the carrier of social security, the labour market service and the employers and employers at the request of the child and youth welfare institution in individual cases through the have to provide insurance and employment, as well as cash benefits as a result of unemployment.

Use of data

Section 40 (1) of child and youth welfare carrier is authorised related or unrelated persons, persons living with them in the same household, caregivers, and persons entrusted wholly or partly with the custody of the children and young people for the purpose of investigation of child welfare hazards, granting education assistance, to use AIDS services and participation in the adoption of young adults, or social, following personal data of children, adolescents and young adults with them , as far as this is necessary in the most legitimate interests of children, adolescents and young adults: 1 name, former name, date of birth, place of birth, gender, address, phone numbers, e-Mail addresses, fax numbers, marital status, health data, data about criminal convictions, education and employment, sector-specific personal identifier, social security number, login register number, nationality, type of relationship;

2. type, scope and results of the risk assessment;

3. type, scope, reason and history of education assistance, help for young adults and the social services.                            

(2) children and youth help carrier is authorized to carry out the legal representation and custody as well as for the purpose of refunding the full education, the calculation of the maintenance fee pursuant to section 20 para 4 and the billing of the charges for social services to use following personal data of children, adolescents and young adults to keep them committed people and close relative: 1. name, former name, date of birth , Place of birth, gender, address, phone numbers, e-Mail addresses, fax numbers, marital status, training and employment, sector-specific personal identifier, social security number, login register number, nationality, family law relationship;

2. income, social and family benefits, details of employer or Dienstgeberin, assets, liabilities and bank account;

3. to carry out the legal representation and custody required data, such as in particular in the selection - and maintenance, proceedings the AsylG 2005, the FPG 2005 and after the NAG.

(3) the child and youth welfare carrier is authorized, following personal data of children, teenagers, with them related or verschwägerten persons, persons living in the same household with them, to use reference persons and persons entrusted wholly or partly with the custody of the children and young people, as far as this is necessary in the most legitimate interests of children and adolescents for the purpose of the opinion on Civil and criminal courts : 1 name, former name, date of birth, birthplace, gender, address, telephone numbers, e-Mail addresses, fax numbers, marital status, health data, data on criminal convictions, education and employment, sector-specific personal identifier, social security number, login register number, nationality, type of relationship;

2. data which are necessary to evaluate the child welfare or to determine of the will of the child.

(4) the child and youth welfare carrier is authorized, for the purpose of investigation of child welfare risks and granting education assistance special information pursuant to § 9a StrRegG in parents and other individuals, take care of the children and young people not only temporarily in the same household, obtaining at the Federal Police Headquarters Vienna, and to use this data.


(5) the child and youth welfare carrier has to take safety measures. In any case, all uses of data shall be recorded. Sensitive data may be transmitted only encrypted.

(6) the child and youth welfare carrier is entitled to submit data in accordance with paragraphs 1 to 3 of other children and youth help carriers, dishes as well as facilities and persons in the assessment, care and treatment of children and young people are working or are working, if it is needed in the most legitimate interests of children, adolescents, and young adults in individual cases.

(7) the data processed in accordance with paragraphs 1 to 3 may be transferred only as far as courts when these are required for the implementation of the respective procedures and not hinder the well-being of the child or confidentiality of the transmission of the data.

(8) the processed data must be stored only as long as it is necessary for the purposes for which they are processed.

Exemption from the obligation to pay public taxes

§ 41. submissions to the child and youth welfare carrier, certifications and copies, which are built and certified, by the children and youth welfare support and agreements pursuant to § 42 is exempt from stamp - and legal fees, as well as other administrative charges of the Federal Government.

Agreements with the children and youth welfare vehicle

§ 42. arrangements for the replacement costs of full education and care for young adults, concluded between the person liable and the child and youth welfare carrier, have the effect of a judicial settlement.

Legal proceedings for determining refunding

§ 43. As far as an agreement on the replacement costs of the full education and care for young adults is not reached, the guardianship court in proceedings other than disputes decides on incurred as future running costs, also before the due date of the replacement claim, at the request of the child and youth welfare institution. The regulations on the maintenance procedure are applying. A replacement of costs of the procedure does not take place.

Power to certification and accreditation section 44 (1) statements about the recognition of paternity, as well as the related explanations each children and youth help carrier has to notarize and certify.

(2) the child and youth welfare carrier must send copies of the statements recorded by him about the recognition of paternity, as well as the related declarations and certified bulletin passed to it that the competent civil authority.

(3) every child and youth welfare carrier has declarations of consent to the adoption of children and adolescents, in declarations related to notarize and certify. Has recorded a children and youth help support such an approval, he has to authenticate even its cancellation. At the request of the competent children's and youth welfare institution or of the Court a certified copy of the Declaration to convey is this.

Part-financing of the federal research and statistics

§ 45. For nationally significant projects, the Federal Government appropriate research and statistical surveys can initiate and finance. It is a collaboration with all children - and youth welfare institutions to seek.

Purpose federal grants

§ 46. (1) the Federal Government granted a grant in the amount of 3.9 million euro countries for purposes of child and youth welfare in the years 2013 and 2014 annual. This amount is divided as follows in the countries:

                            Burgenland:... 120.120 Euro

                            Carinthia:...247.260 euro

                            Niederösterreich:......................................................................... 758.160 euro

                            Oberösterreich:............................................................................ 688.350 Euro

                            Salzburg:...256.230 euro

                            Styria:...524.160 euro

                            Tirol:              ...................................................................................... 342.810 euro

                            Vorarlberg:................................................................................. 195.780 euro

                            Wien:              ...................................................................................... 767.130 euro

(2) paid out by the Federal Ministry of economy, family and youth respectively in March, for the first time with the month in which the respective execution law in force, on by announced the land account.

(3) the respective implementation Act into force after 31.12.2013, fees only purpose grants for the year 2014.

3 part (final provisions)

Entry into force

47. (1) this federal law with 1 may 2013 enter into force.

(2) the Youth Welfare Act, Federal Law Gazette No. 161/1989, last amended by Federal Law Gazette I no. 47/2007 occurs at the end of the 30 April 2013 override.

(3) the implementing legislation of the countries are expected to adopt by the date of entry into force of this federal law within one year.

Fischer

Faymann