Law On Administrative Duties In The Care Of Adult

Original Language Title: Gesetz über die Wahrnehmung behördlicher Aufgaben bei der Betreuung Volljähriger

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Law on the Perception of Regulatory Duties in the Care of Full-Year (Care Authority Law-BtBG)

Non-Official Table of Contents

BtBG

Date of Departure: 12.09.1990

Full quote:

" Supervisors Act of 12. September 1990 (BGBl. I p. 2002, 2025), most recently by Article 2 of the Law of 28. August 2013 (BGBl. I p. 3393) "

:Last modified by Art. 2 G v. 28.8.2013 I 3393

For details, see the Notes

Footnote

(+ + + text evidence from: 1.1.1992 + + +)

menu. has been referred to as Article 8 G 200-3 v. 12.9.1990 I 2002 (BtG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Art. 11 of this G entered into force on 1 January 1992.

I.
Authorities

Non-official table of contents

§ 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. Non-official table of contents

§ 2

To perform local authority tasks or to perform individual tasks of the local authority, you can: National law other authorities are provided.

II.
Local Responsibility

Non-official Table of contents

§ 3

(1) 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 applies if there is a risk of the postponing of a measure.(2) In the course of a judicial care or accommodation procedure, the circumstances governing the local jurisdiction referred to in paragraph 1 shall be subject to the sole competent authority of the latter, until such time as the competent authority has ceased to exist.

III.
Local Authority Tasks

A non-official table of contents

§ 4

(1) The Authority informs and advises on general matters of supervisors, in particular on a precautionary basis and on other aids in which No maintainer is appointed.(2) In cases where there is evidence of a need for care in accordance with Section 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 shall cooperate with the relevant social security institutions.(3) The Authority shall advise and assist supervisors and plenipotentiaries at their request in the performance of their duties, the maintainers in particular also in the preparation of the care plan. Non-official table of contents

§ 5

The authority shall ensure that there is sufficient supply in its district for the introduction of the maintainers and the It shall be present in its duties and in the course of its training. Non-official table of contents

§ 6

(1) The tasks of the agency include the activities of individual persons, as well as non-profit and non-profit organizations. To encourage and promote organisations in favour of care in need of care. In addition, it promotes education and advice on attainments and caring for the care sector.(2) The document shall be authorised by the person responsible for the supervision of the supervisory authority to make public the signatures or signs on the basis of the provisions of the precautionary principle or of the provision of care. This does not apply to signatures or non-text characters. The responsibility of the notaries, other persons or other bodies for public assessments and certifications shall remain unaffected.(3) The document shall not be credited if it is responsible for the representation of a party 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 can regulate more about the technical requirements of these persons.(5) A fee of EUR 10 shall be charged for each certification referred to in paragraph 2, except that the costs are not levied separately. For reasons of equity, the collection of the fee may be waited in individual cases.(6) State Governments shall be empowered to regulate, by means of a regulation of the law, the fees and charges for the provision of advice and certification by way of derogation from paragraph 5. The State Governments may transfer the authorization pursuant to sentence 1 to the Land Justice Administrations by means of a legal regulation. Non-official table of contents

§ 7

(1) The authority may notify the care court of circumstances that may result in the appointment of a maintainer or another In so far as this is necessary in accordance with the Authority's findings, in order to avoid a significant risk to the well-being of the person concerned, in the light of the legitimate interests of the person concerned, the measure must be taken in care matters.(2) The content of the communication, the manner in which it is transmitted and the addressee are to be informed of the content.(3) (omitted) unofficial table of contents

§ 8

(1) The authority supports the care court. This includes, in particular, the following measures:
1.
the preparation of a report in the context of the court hearing (Section 279 (2) of the Law on the Procedure in family matters and in the matters of voluntary jurisdiction),
2.
the information and communication of the facts, which the Court of First Instance shall extend beyond paragraph 1 for and
3.
to obtain suitable maintainers.
(2) If the authority is requested to do so by the care court, it will propose a person , which is suitable in individual cases to the maintainer or the process-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. Non-official table of contents

§ 9

To perform the tasks, people who are appropriate for their personality and who are responsible for the performance of the tasks will be as a rule, have either received a training corresponding to their tasks (skilled workers) or have comparable experience.

IV.
Berlin-clause

Non-Official Table of Contents

§ 10

The tasks that the Authority has to do under other regulations remain unaffected. The competent authority within the meaning of these rules shall be the local authority.