Law on the Perception of Governmental Duties in the Care of Full-Year (Support Authority Act-BtBG)

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BtBG

Date of completion: 12.09.1990

Full quote:

" The Law of Care of 12 September 1990 (BGBl. I p. 2002, 2025), which was last amended by Article 2 of the Law of 28 August 2013 (BGBl. 3393). "

Status:

Last amended by Art. 2 G v. 28.8.2013 I 3393

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1992 + + +) 

  

The G was decided as Article 8 G 200-3 v. 12.9.1990 I 2002 (BtG) by the Bundestag with the approval of the Bundesrat. It's gem. Article 11 of this Act entered into force on 1 January 1992.

I.
Authorities

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§ 1

Which authority is responsible at the local level in care matters is determined by country law. This authority shall also be responsible for accommodation matters within the meaning of Section 312 (1) and (2) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction. Unofficial table of contents

§ 2

Further authorities may be provided for the execution of local tasks or the performance of individual tasks of the local authority.

II.
Local competence

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§ 3

(1) The local authority is the authority in whose district the person concerned has his habitual residence. If the person concerned does not have a habitual residence within the scope of this Act, such a stay cannot be determined or if the measure does not affect an individual, the authority in whose district is the need for the measure shall be responsible. . The same shall apply where there is a risk of postponement of a measure. (2) If the circumstances governing the local jurisdiction referred to in paragraph 1 change in the course of a judicial care or accommodation procedure, the same shall remain for the latter. The Commission shall be responsible for the sole competent authority until the competent authority is notified of the change in writing to the court.

III.
Tasks of the local authority

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§ 4

(1) The Authority shall inform and advise on general matters relating to supervision, in particular on a precautionary basis and on other forms of aid in respect of which no caregiver is appointed. (2) In individual cases, if there is evidence of a need for care, the § 1896 (1) of the Civil Code, the authority of the person concerned shall submit an advisory offer. This advice also includes the obligation to communicate other forms of aid in which no caregiver is appointed. In doing so, the Authority works with the relevant social service providers. (3) The Authority advises and supports supervisors and agents on their wish to carry out their tasks, the maintainers in particular also during the preparation process. of the care plan. Unofficial table of contents

§ 5

The Authority shall ensure that there is sufficient supply in its district for the introduction of the caregiver and the plenipotentiaries in their tasks and in their training. Unofficial table of contents

§ 6

(1) The tasks of the Authority shall also include encouraging and encouraging the activities of individual persons, as well as non-profit and free organisations in favour of carers in need of assistance. In addition, it promotes education and guidance on attainments and supervision. (2) The primary person at the care authority is empowered to publish signatures or handmarks on the provision of pension rights or care facilities in public. -they are in. This shall not apply to signatures or signs without the accompanying text. The competence of the notaries, other persons or other bodies for public assessments and certifications shall remain unaffected. (3) The document shall not be credited if the person in question has the right to do so in the matter in question. (4) The care authority shall authorize appropriate officials and employees to carry out the tasks referred to in paragraph 2. The countries may regulate more than one person's technical requirements. (5) For each certification referred to in paragraph 2, a fee of EUR 10 will be charged; there will be no separate expositions. For reasons of equity, the charge may be waiving in individual cases. (6) The national governments are empowered to regulate the fees and charges for the advice and certification by means of a regulation by way of derogation from the provisions of paragraph 5. The State Governments may transfer the authorization pursuant to sentence 1 to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 7

(1) The Authority may notify the Childcare Court of circumstances requiring the appointment of a maintainer or any other measure in care matters, in so far as this is done in accordance with the legitimate interests of the person concerned. (2) The content of the communication, the way in which it is transmitted and the addressee are to be informed. (3) (omitted). Unofficial table of contents

§ 8

(1) The Authority shall support the Court of Supervisors. In particular, this includes the following measures:

1.

the preparation of a report in the context of the judicial hearing (Section 279 (2) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction),

2.

the clarification and communication of the facts which the Court of First Instance considers to be in need of reconnaissance, as well as

3.

the collection of appropriate carers.

(2) If the Authority is requested to do so by the Court of Supervisors, it shall propose a person who is appropriate in the individual case to the maintainer or the procedural care provider. If no suitable person is available for voluntary management of the care, the Authority shall propose to the Childcare Court a person for the professional guidance of the care and, at the same time, shall inform the extent of the assistance provided by the latter. Person currently in professional supervision with. Unofficial table of contents

§ 9

In order to carry out the tasks, persons are employed who are suitable for this purpose according to their personality and who, as a rule, have either received a training corresponding to their tasks (skilled workers) or have comparable experience. .

IV.
Berlin clause

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§ 10

The tasks to be carried out by the Authority in accordance with other rules shall remain unaffected. The competent authority within the meaning of these rules shall be the local authority.