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Law on the reorganization of child and youth welfare law

Original Language Title: Gesetz zur Neuordnung des Kinder- und Jugendhilferechts

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Law on the reorganization of child and youth welfare law (Children's and Youth Aid Law-KJHG)

Unofficial table of contents

KJHG

Date of completion: 26.06.1990

Full quote:

" Children's and Youth Aid Act of 26 June 1990 (BGBl. 1163), as last amended by Article 3, second sentence, of the Law of 15 December 1995 (BGBl). I p. 1775).

Status: Last amended by Art. 3 sentence 2 G v. 15.12.1995 I 1775

For more details, please refer to the menu under Notes

Footnote

The G shall enter into the territory referred to in Article 3 of the Agreement on the integration of the territory. Annex I, chap. X Sachg. B No 1 (k iVm Art. 1 G v. 23.9.1990 II 885, 1072 with the effective date of accession (3 October 1990) in force. Measures due to EinigVtr no longer apply gem. Art. 109 No. 4 Buchst. a G v. 8.12.2010 I 1864 mWv 15.12.2010
Art. 1: SGB 8 FNA 860-8
(+ + + Text evidence from: 1.1.1991 + + +)
(+ + + measures on the basis of the EinigVtr cf. KJHG Annex EV + + +) Unofficial table of contents

Content Summary

Part one
Amendment and amendment of the Social Code
Article 1
Social Code (SGB)
Eighth Book (VIII)
Children's and youth welfare
Article 2
Amendment of the Social Code
-General Part-
Article 3
Amendment of the Social Code
-administrative procedures-
Part two
Amendment of other laws
Article 4
Amendment of the Federal Social Assistance Act
Article 5
Amendment of the Civil Code
Article 6
Amendment of the law on juvenile justice
Article 7
Amendment of the law on the matters of voluntary jurisdiction
Article 8
Amendment of the law on the implementation of statistics in the field of social assistance, war victims ' welfare and youth welfare
Article 9
Amendment of other federal law
Part Three
Transfer and final provisions
First section
Transfer rules
Article 10
Transitional provisions of individual provisions
Article 11
Transitional provision for services to children and young people with mental disabilities
Article 12
Continuation of a facility
Article 13
Youth Assistance Committee, State Youth Aid Committee
Article 14
Local jurisdiction, reimbursement of expenses
Article 15
Competence of the State Youth Welfare Office
Article 16
Continuation of administrative acts
Article 17
Public-law disputes
Article 18
Proceedings before the guardianship court
Article 19
Registrations in the Education Register
Second section
Final provisions
Article 20
Limitation of fundamental rights
Article 21
Responsibility for the reimbursement of expenses due to the German-Swiss welfare agreement
Article 22
City State Clause
Article 23
entry into force
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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Part one
Amendment and amendment of the Social Code

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Art 1 Social Code (SGB)
Eighth Book (VIII)
Children's and youth welfare

- Unofficial table of contents

Art 2 and 3 ----

Part two
Amendment of other laws

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Art 4 to 9 ----

Part Three
Transfer and final provisions

First section
Transfer rules

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Type 10 Transitional version of individual provisions

(1) By 31 December 1994, by way of derogation from Article 1, the following versions shall apply:
1.
§ 17 (1) sentence 1: "(1) mothers and fathers may be offered advice on questions of partnership in the context of youth assistance if they have to care for a child or a young person or if they actually provide care."
2.
§ 17 para. 2: " (2) In the case of separation or divorce, parents may be assisted in the development of a consensual concept for the perception of parental concern, which serves as the basis for the judicial decision on custody after the separation or divorce can serve. "
3.
§ 20 (1): " (1) If the parent who has taken over the overriding care of the child is responsible for the performance of this task for health or other compelling reasons, the other parent may be responsible for the care and care of the child. of the child living in the household if:
1.
it is not in a position to carry out the task because of an occupational absence or illness,
2.
the assistance is required to ensure the best interests of the child;
3.
Offers for the promotion of the child in daycare facilities or in day care are not sufficient. "
4.
§ 20 para. 2: " (2) If a parent is a single parent or if both parents are due to health or other compelling reasons, the child can be supplied and cared for in the parental household, provided that the provisions of paragraph 1 (3) are laid down. if and as long as it is conducive to its well-being. "
5.
§ 41 (1) sentence 1: " (1) A young adult can be granted assistance in the development of personality and on a self-responsible lifestyle, if and as long as the assistance is necessary due to the individual situation of the young person is. "
6.
Section 41 (4): "(4) The young full-year-old can also be advised on the necessary extent after the end of the assistance in the case of the agreement."
(2) Until 31 December 1994, Article 1 (27) (2) shall apply, subject to the following conditions:
"If and to the extent that the types of aid referred to in § § 31 and 32 are not available on demand, they shall be given priority to children and young people who would otherwise have to be granted assistance in education in accordance with § 33 or § 34." (3) Unofficial table of contents

Art 11 Transitional provision for services to mentally disabled young people

(1) By way of derogation from Article 1 (10) (2), second sentence, and § 35a, until 31 December 1994, young people who are mentally disabled or at risk of such a disability shall also benefit from the assistance provided by the integration aid in accordance with the provisions of Article 1 (2) (2) and (3) of the Treaty. Federal Social Assistance Act. (2) Land law may exclude the validity of paragraph 1 or provide for a different transitional period. Unofficial table of contents

Type 12 Continuation of a facility

(1) For entities which have been put into service before the date of entry into force of this Act, the following special provisions shall apply. (2) For entities which, in accordance with Section 79 (2) of the Law on Youth Welfare, as amended by the Notice of 25 April 1977 (BGBl. 633, 795), as last amended by Article 6 (8) of the Law of 25 July 1986 (BGBl I). 1142), the application of Section 28 of the Law on Youth Welfare in the above-mentioned version has been revoked, the exemption shall be deemed to be a permit under Article 1 (45). (3) One on the date of entry into force of this Act existing equipment, which the institution requires to operate in accordance with Article 1 (45), may continue to operate without this permission, provided that the permit is requested without delay. Pending the conclusion of the grant-sharing procedure, the competent authority in accordance with the law of the country may prohibit the establishment of such a body if facts are identified which are appropriate for the physical, mental or mental well-being of the person concerned in the the establishment of supervised children and young people, and an immediate removal of the endangerment is not to be expected. Unofficial table of contents

Art 13 Youth Assistance Committee, State Youth Aid Committee

(1) A Youth Welfare Committee, established on the date of entry into force of this Act and assembled in accordance with Article 14 of the Law on Youth Welfare, shall be considered to be the Youth Assistance Committee until the first date chosen after that date is (2) A National Youth Welfare Committee, established on the date of entry into force of this Act and assembled in accordance with Article 21 (3) of the Law on Youth Welfare, shall be considered to be the State Youth Assistance Committee, until A new Land Youth Assistance Committee is set up. Unofficial table of contents

Art 14 Local Jurisdiction, Reimbursement

(1) By way of derogation from the provisions of Article 1 on local competence, the granting of aid for education which had already been initiated on the date of entry into force of the Law on Children and Youth, shall remain the local institution which shall: (2) By way of derogation from the provisions of Article 1, on the basis of the provisions of Article 1 of the Treaty on European Union, aid for education has been given in place until the child or young person changes his habitual residence, but at most until 1 April 1993. Costs are reimbursed in the territory of the Federal Republic of Germany according to the state of the art up to the third. October 1990 for aid for education and assistance for young adults who have already been initiated or granted on the date of entry into force of the Children's and Youth Aid Act, until 1 April 1993 for reimbursement of expenses in accordance with § § 103 to 111 of the German law on children and youth. The Federal Social Assistance Act shall be applied as long as the assistance is continued without interruption; an interruption of the assistance of up to three months shall not be taken into consideration. Unofficial table of contents

Art 15 Sachliche jurisdiction of the State Youth Welfare Office

(1) By 31 December 1994, by way of derogation from Article 1, Section 85 (1), the Landesjugendamt or the Land Youth Welfare Office, or the on the days before the entry into force of this Article, shall be granted for the provision of assistance for the education provided for in Article 1 (32) to (35) and the continuation of such assistance pursuant to Article 1 (41) Law competent authority if the physical, mental or psychological development of the child or of the young person or of the young adult is at risk or is damaged and in order to avoid the danger or to eliminate the risk of the child or the child. A special educational help is necessary, which can only be provided by the Landesjugendamt can be ensured. Sentence 1 shall not apply in those countries where, on the days preceding the entry into force of this Act, the Jugendamt for the implementation of the Voluntary Education Assistance and the Welfare Education in accordance with § § 62 to 77 of the Law for (2) Land law may exclude the validity of the first sentence of paragraph 1 or provide for a different transitional period. (3) By 31 December 1994 the local institution shall be responsible for providing information for the surveys referred to in Article 1 (99) (1). No 3, unless the national law referred to in paragraph 2 applies a different arrangement. Unofficial table of contents

Art 16 Continuation of administrative acts

After the date of entry into force of this law, the following shall apply:
1.
a recognition pursuant to Article 9 of the Youth Welfare Act of a carrier of the free youth welfare system as a recognition pursuant to Article 1 (75) (1) of this Act;
2.
an admission pursuant to section 12 (3) of the Law on Youth Welfare granted to a Jugendamt of a circle as an admission pursuant to Article 1, Section 69 (2), first sentence, of this Act,
3.
a nursing permit issued pursuant to sections 28 and 29 of the Law on Youth Welfare pursuant to Article 1 (44) of this Act;
4.
a declaration of aptitude issued pursuant to section 53 of the Law on Youth Welfare as a permit pursuant to Article 1 (54) (2) of this Act.
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Art 17 Public Dispute Settlement

(1) For proceedings in matters under the Law for the Welfare of Youth, as amended by the Notice of 25 April 1977 (BGBl. 633, 795), as last amended by Article 6 (8) of the Law of 25 July 1986 (BGBl I). 1142), concerning an administrative act notified before the entry into force of this Act, or before the entry into force of this Act, have been brought before the administrative courts and the legal basis of which has been amended by this Act (2) An oral hearing which was concluded before the entry into force of this Act and to which a decision has not yet been issued shall be opened again. (3) Facts that have only become significant by this law can still be found in the RevisionsinInstance. The Court of Appeal shall refer the matter back to the Court of Appeal if there is a need to take evidence in relation to the new fact. (4) In the main proceedings, proceedings shall be considered to be carried out on:
1.
the revocable release of a nursing child from the supervision in accordance with § 31 (3) of the Law on Youth Welfare,
2.
the transfer of the review of institutions to a central institution of the Free Youth Welfare Act in accordance with Section 78 (6) of the Law on Youth Welfare,
3.
the granting or termination of a nursing permit for minors in establishments pursuant to section 79 (1) of the Law on Youth Welfare and
4.
the revocable liberation of a body from the application of § 28 of the Law on Youth Welfare pursuant to § 79 (2) of the Law on Youth Welfare.
Section 161 (2) of the Administrative Court is to be applied accordingly. Unofficial table of contents

Art 18 Procedure before the guardianship court

(1) For proceedings in matters under the Law for the Welfare of Youth, as amended by the Notice of 25 April 1977 (BGBl. 633, 795), as last amended by Article 6 (8) of the Law of 25 July 1986 (BGBl I). 1142), which have been brought before the entry into force of this law with the guardianship courts and whose legal basis is amended or replaced by this law, the following special provisions apply. (2) Facts which have only become significant through this law, can still be brought forward in the proceedings of the further complaint. The court, which has to decide on the further appeal, refers the case back to the appeal court if the new facts require the taking of evidence. (3) A procedure for the order of an education county In accordance with § 57 (1) sentence 1 of the Law on Youth Welfare or on the Order of Care Education in accordance with § § 65 and 67 of the Law on Youth Welfare, the main thing is to be regarded as settled. (4) One before the entry into force of this law pursuant to § 57 of the Law on the Welfare of Youth Welfare, and one by § § 65 and 67 of the Law on the Welfare of Youth Welfare raises the court of guardianship on its own initiative and at the same time it examines whether measures are required under § 1666 of the Civil Code. Unofficial table of contents

Art 19 entries in the educational register

Members of the guardianship of the guardianship shall be removed from the register of confiscation by the guardian of the guardianship.

Second section
Final provisions

Unofficial table of contents

Art 20 Restriction of fundamental rights

The fundamental rights of the person's freedom (Article 2 (2) sentence 2 of the Basic Law), the free movement of persons (Article 11 of the Basic Law) and the inviolability of the flat (Article 13 of the Basic Law) are restricted in accordance with this law. Unofficial table of contents

Art 21 Responsibility for reimbursement of expenses due to the German-Swiss welfare agreement

German welfare body within the meaning of the declaration of the Plenipotentiaries of the Government of the Federal Republic of Germany to the Final Protocol to the Agreement between the Federal Republic of Germany and the Swiss Confederation on the Welfare of Needy of 14 July 1952 (BGBl. In 1953 II p. 32), the Youth Welfare Office (Landesjugendamt), in whose area the child or the young person is born, is the youth welfare service. If the place of birth is not within the scope of this law or if it is not to be determined, then the Landesjugendamt Berlin is responsible. Unofficial table of contents

Art 22 Urban-state clause

The Länder of Berlin, Bremen and Hamburg may derogate from the provisions of this Act for the purpose of adapting to their particular administrative structure.
1.
the institutions of public youth assistance and their responsibilities,
2.
the establishment of youth offices and
3.
the education, composition and powers of youth welfare and youth assistance committees, in order to ensure the appropriate participation of the recognised bodies of free youth assistance.
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Type 23 Entry into force

This Act shall enter into force on 1 January 1991.