Social Code (SGB)-Achte Book (VIII)-Children's and Youth Aid-(Article 1 of the Law of 26 June 1990, BGBl. 1163)

Unofficial table of contents

SGB 8

Date of completion: 26.06.1990

Full quote:

" The Eighth Book Social Code-Children and Youth Assistance-in the version of the notice of 11 September 2012 (BGBl. I p. 2022), which is provided by Article 5 of the Law of 17 July 2015 (BGBl. I p. 1368).

Status:	New by Bek. v. 11.9.2012 I 2022;
	last amended by Art. 2 para. 8 G v. 21.1.2015 I 10
Note:	Amendment by Art. 5 G v. 17.7.2015 I 1368 (No 31) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1991 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  SGB 8 Appendix EV + + +) 

  

The G was decided by the Bundestag with the consent of the Bundesrat. It's gem. Art. 24 sentence 1 G 860-8-1 v. 26.6.1990 I 1163 (KJHG) entered into force on 1 January 1991. In the area referred to in Article 3 of the agreement, the G is in accordance with the provisions of the Treaty. 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) entered into force. Berlin-clause cf. Art. 23 KJHG Unofficial table of contents

Content Summary

First chapter
General provisions
§ 1	Right to education, parental responsibility, youth welfare
§ 2	Tasks of youth assistance
§ 3	Free and public youth assistance
§ 4	Cooperation between public youth aid and the free youth aid
§ 5	The right to vote and to vote
§ 6	Scope
§ 7	Definitions
§ 8	Participation of children and young people
§ 8a	Protection order in case of child welfare
§ 8b	Professional advice and support for the protection of children and young people
§ 9	The basic direction of education, equal rights for girls and boys
§ 10	Relationship with other benefits and obligations
Second chapter
Youth welfare services
First section
youth work, youth social work,
Child protection and youth protection
§ 11	Youth Work
§ 12	Promotion of youth associations
§ 13	Youth Social Work
§ 14	Education for children and young people
§ 15	National legal reservation
Second section
Promotion of education in the family
§ 16	General promotion of education in the family
§ 17	Consulting on issues of partnership, separation and divorce
§ 18	Advice and support in the exercise of personnel and the right of access to the right of access
§ 19	Common living arrangements for mothers/fathers and children
§ 20	Care and care of the child in emergency situations
Section 21	Support with the necessary accommodation to meet compulsory school attendance
Third Section
Promotion of children
in day-care facilities and in day care
Section 22	Principles of support
Section 22a	Support in day-care facilities
Section 23	Promotion in day care
§ 24	Claim to receive support in day care facilities and in day care
Section 25	Support of self-organized promotion of children
Section 26	National legal reservation
Fourth Section
Aid for education,
Integration aid for children with mental disabilities
and young people,
Aid for young adults
First subsection
Aid for education
§ 27	Aid for education
§ 28	Educational advice
§ 29	Social group work
§ 30	Education counselor, care worker
Section 31	Social-pedagogical family assistance
Section 32	Education in one day group
§ 33	Full-time maintenance
Section 34	Home education, other assisted living
§ 35	Intensive social pedagogical support
Second subsection
Integration aid for children with mental disabilities
and young people
§ 35a	Integration assistance for children and young people with mental disabilities
Third Subsection
Common rules on aid
on education and the integration aid
for children and young people with mental disabilities
§ 36	Participation, Help Plan
§ 36a	Tax responsibility, self-procurement
Section 37	Cooperation on aid outside of one's own family
§ 38	Placement in the exercise of personal orders
§ 39	Benefits for the maintenance of the child or of the young person
§ 40	Hospital Help
Fourth subsection
Aid for young adults
Section 41	Assistance for young adults, after-care
Third chapter
Other tasks of youth assistance
First section
Provisional measures
on the protection of children and young people
§ 42	Inobhutation of children and adolescents
Second section
Protection of children and young people
in family care and in facilities
Section 43	Permission to care for children
Section 44	Permission for full-time care
§ 45	Permission to operate a facility
Section 46	Local audit
§ 47	Reporting requirements
§ 48	Activity untersagung
§ 48a	Other assisted living arrangements
§ 49	National legal reservation
Third Section
Participation in judicial proceedings
§ 50	Participation in proceedings before the family courts
Section 51	Advice and information on procedures for adoption as a child
Section 52	Participation in proceedings under the law on juvenile justice
Fourth Section
County, Pflegschaft and guardianship
for children and young people, information on
Non-disclosure of declarations of sores
§ 52a	Advice and support in the event of paternity determination and the assertion of maintenance claims
Section 53	Advice and support for caregivers and presiders
§ 54	Permission to take over associations of associations
§ 55	County, official and official premitity
§ 56	Leadership of the Advisory Board, the Office of the Office and the Headquarters of the State
Section 57	Notification of the Jugendamt
Section 58	Counter-guardianship of the Jugendamt
Section 58a	Sorgeregister; Certificate of non-existence of entries in the custody register
Fifth Section
Appraisal, Enforceable Documents
§ 59	Assessment
§ 60	Enforceable documents
Fourth chapter
Protection of social data
Section 61	Scope
Section 62	Data collection
§ 63	Data storage
Section 64	Data transfer and use
Section 65	Special protection of trust in personal and educational help
Section 66	(dropped)
Section 67	(dropped)
Section 68	Social data in the field of co-state, amphlegation and the official premidities
Fifth chapter
Support for youth assistance,
Cooperation, overall responsibility
First section
Support for public youth assistance
Section 69	Public youth welfare institutions, youth welfare offices, youth welfare offices
Section 70	Organisation of the Youth Welfare Office and the Youth Welfare Office
Section 71	Youth Assistance Committee, State Youth Aid Committee
Section 72	Employees, Training
Section 72a	Exclusion of activities of relevant persons subject to the law
Second section
cooperation with the free youth aid,
volunteer work
Section 73	Voluntary activity
Section 74	Promotion of free youth assistance
Section 74a	Financing of daycare facilities for children
§ 75	Recognition as a bearer of free youth assistance
Section 76	Participation of recognised providers of free youth assistance in the performance of other tasks
Section 77	Agreements on the level of costs
Section 78	Working communities
Third Section
agreements on service provision,
Charges and quality development
Section 78a	Scope
§ 78b	Conditions for taking over the performance pay
Section 78c	Content of the performance and pay agreements
§ 78d	Agreement Period
§ 78e	Local competence for the conclusion of agreements
§ 78f	Framework contracts
§ 78g	Arbitration
Fourth Section
overall responsibility,
Youth Aid Planning
§ 79	Overall responsibility, basic equipment
Section 79a	Quality development in children's and youth welfare
§ 80	Youth Aid Planning
§ 81	Structural cooperation with other bodies and public institutions
Sixth chapter
Central tasks
Section 82	Tasks of the countries
Section 83	Tasks of the Federal Government, Federal Youth Board
Section 84	Youth Report
Seventh chapter
Jurisdiction, reimbursement of expenses
First section
Objective competence
§ 85	Objective competence
Second section
Local competence
First subsection
Local competence for services
§ 86	Local responsibility for services to children, young people and their parents
§ 86a	Local competence for benefits to young adults
§ 86b	Local competence for benefits in common housing for mothers/fathers and children
§ 86c	Ongoing commitment to performance and case transfer in the event of a change of competence
§ 86d	Commitment to provisional action
Second subsection
Local competence for other tasks
Section 87	Local competence for provisional measures for the protection of children and young people
§ 87a	Local jurisdiction for permission, reporting requirements and subsaiance
§ 87b	Local competence for participation in judicial proceedings
Section 87c	Local jurisdiction for the county, the official fraternity, the official county and the certificate according to § 58a
§ 87d	Local competence for further tasks in the field of guardianship
§ 87e	Local authority for certification and certification
Third Subsection
Local jurisdiction when staying abroad
Section 88	Local jurisdiction when staying abroad
Third Section
Reimbursement of expenses
§ 89	Reimbursement of expenses in the event of a lack of habitual residence
Section 89a	Reimbursement of expenses for continuous full-time care
§ 89b	Reimbursement of temporary measures for the protection of children and young people
Section 89c	Reimbursement of expenses in the event of continuous or preliminary performance obligations
§ 89d	Reimbursement of expenses for the granting of youth assistance after entry into the country
§ 89e	Protection of furnishing places
§ 89f	Amount of reimbursement
§ 89g	National legal reservation
§ 89h	Transitional provision
Eighth chapter
Cost-sharing
First section
Flat-rate contribution
§ 90	Flat-rate contribution
Second section
Cost contributions for stationary and partially stationary
Benefits and provisional measures
Section 91	Scope
§ 92	Development of the use of
Section 93	Calculation of income
Section 94	Scope of use
Third Section
Transfer of claims
§ 95	Transfer of claims
§ 96	(dropped)
Fourth Section
Supplementary provisions
Section 97	Determination of social benefits
§ 97a	Obligation to provide information
§ 97b	(dropped)
§ 97c	Collection of fees and charges
Ninth chapter
Children's and youth welfare
Section 98	Purpose and scope of the survey
§ 99	Survey characteristics
§ 100	Auxiliary characteristics
§ 101	Periodicity and reporting period
Section 102	Obligation to provide information
Section 103	Transmission
Tenth chapter
Criminal and penal rules
Section 104	Fines
Section 105	Criminal provisions

First chapter
General provisions

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§ 1 Right to education, parental responsibility, youth welfare

(1) Every young person has a right to promote his development and to educate himself to be a self-responsible and community-capable person. (2) The care and upbringing of the children are the natural right of the parents and the zuvörderst. They are responsible. (3) Youth aid is intended to be used for the implementation of the law referred to in paragraph 1, in particular:

1.

to promote young people in their individual and social development and to help to avoid or reduce disadvantages,

2.

Advise and support parents and other legal guardians in their education,

3.

Protecting children and young people from dangers for their welfare,

4.

contribute to maintaining or creating positive living conditions for young people and their families, as well as a children's and family-friendly environment.

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§ 2 Tasks of youth assistance

(1) Youth assistance includes services and other tasks for the benefit of young people and families. (2) Benefits of youth assistance are:

1.

Offers of youth work, youth social work and educational children's and youth protection (§ § 11 to 14),

2.

Offers for the promotion of education in the family (§ § 16 to 21),

3.

Offers for the promotion of children in day-care facilities and in day care (§ § 22 to 25),

4.

Assistance for education and supplementary benefits (§ § 27 to 35, 36, 37, 39, 40),

5.

Assistance for children and young people with mental disabilities and supplementary benefits (§ § 35a to 37, 39, 40),

6.

Assistance for young adults and after-care (§ 41).

(3) Other tasks of youth assistance are

1.

the taking of children and young people (§ 42),

2.

(dropped)

3.

the granting, revocation and withdrawal of the care permit (§ § 43, 44),

4.

the granting, revocation and withdrawal of the permit for the operation of a facility and the issuing of subsequent conditions and the tasks associated with it (sections 45 to 47, 48a),

5.

(§ § 48, 48a),

6.

Participation in proceedings before the family courts (§ 50),

7.

Consultation and instruction in procedures for acceptance as a child (§ 51),

8.

participation in proceedings under the Juvenile Justice Act (§ 52),

9.

advice and support for mothers in the event of paternity arrest and the assertion of maintenance claims, as well as caregivers and guardians (§ § 52a, 53),

10.

the granting, revocation and withdrawal of permission to take over associations of associations (§ 54),

11.

County, County, guardianship and counter-guardianship of the Jugendamt (§ § 55 to 58),

12.

Appraisal (§ 59),

13.

the inclusion of enforceable documents (§ 60).

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§ 3 Free and public youth assistance

(1) The youth aid is characterised by the diversity of institutions of different value orientations and the diversity of content, methods and forms of work. (2) Services of youth assistance are provided by institutions of the free youth welfare and by institutions. of public youth assistance. Performance obligations, which are justified by this book, are addressed to the institutions of public youth assistance. (3) Other tasks of youth assistance are carried out by institutions of public youth assistance. To the extent that this is expressly determined, the institution of the free youth assistance may carry out these tasks or be entrusted with the task of carrying out these tasks. Unofficial table of contents

Section 4 Cooperation of public youth assistance with the free youth assistance

(1) Public youth assistance should work together in partnership with the free youth welfare system for the benefit of young people and their families. In doing so, it must respect the independence of the free youth assistance in the aim and performance of its tasks as well as in the design of its organizational structure. (2) Insofar as appropriate facilities, services and events of recognised institutions (3) Public aid for young people is intended to promote the free youth assistance in accordance with the provisions of this book, with the aim of promoting youth assistance in the form of youth assistance. various forms of self-help. Unofficial table of contents

§ 5 Right to vote and to vote

(1) The persons entitled to benefit shall have the right to choose between institutions and services of different institutions and to express their wishes regarding the design of the assistance. You should be informed of this right. (2) The choice and wishes shall be complied with, provided that this is not associated with disproportionate additional costs. If the person entitled to benefit wishes the provision of a service referred to in § 78a in a body with which no agreements are made in accordance with Section 78b, the choice shall be fulfilled only if the provision of the service in that institution is not Provision should be made on a case-by-case basis or in accordance with the aid plan (§ 36). Unofficial table of contents

§ 6 Scope

(1) Benefits in accordance with this book shall be granted to young people, mothers, fathers and persons entitled to personal rights of children and young people who have their actual stay in the country. For the performance of other tasks, the first sentence shall apply accordingly. Persons entitled to access shall be entitled to advice and assistance in the exercise of the right of access, irrespective of their actual stay, if the child or young person has his or her habitual residence in the country. (2) Foreigners may be entitled to Benefits under this book are only claimed if they have their habitual residence in Germany legally or on the basis of a foreigner's right to foreign law. Paragraph 1, second sentence, remains unaffected. (3) Germans may also be granted benefits under this book if they have their stay abroad and insofar as they do not receive help from the country of residence. (4) Regulations of the State of Foreign Affairs and the Interstate Right remain unaffected. Unofficial table of contents

§ 7 Definitions

(1) In the sense of this book is

1.

Child, who is not yet 14 years old, unless paragraphs 2 to 4 determine otherwise,

2.

Young people, who are 14, but not 18 years old,

3.

young year-old, who is 18, but not 27 years old,

4.

young person, who is not yet 27 years old,

5.

The person responsible for the staff, who alone or in common with another person, is entitled to the order of persons in accordance with the provisions of the Civil Code,

6.

Guardian, the person entitled to personal rights and any other person over the age of 18 years, insofar as they are not only temporarily and not only responsible for individual activities on the basis of an agreement with the person entitled to personal rights. Personensorge is perceived.

(2) Child within the meaning of § 1 paragraph 2 is who is not yet 18 years old. (3) (omitted) (4) The provisions of this book, which refer to the acceptance as a child, apply only to persons who are the 18. They have not completed their life year. Unofficial table of contents

Section 8 Participation of children and young people

(1) Children and young people shall be involved in all decisions of public youth assistance in accordance with their level of development. They shall be informed in an appropriate manner of their rights under the administrative procedure and in the proceedings before the family court and the administrative court. (2) Children and young people shall have the right to participate in all matters of education and development to the Youth Welfare Office. (3) Children and young people are entitled to advice without knowledge of the person entitled to the person, if the advice is necessary because of an emergency situation and conflict situation and as long as the communication to the The person responsible for the purpose of the advisory service would be foiled. § 36 of the First Book remains unaffected. Unofficial table of contents

Section 8a Protection order in the case of child welfare

(1) Where important indications are known to the Jugendamt for the endangerment of the well-being of a child or young person, it has to assess the risk of danger in the interaction of a number of skilled workers. In so far as the effective protection of this child or of this young person is not questioned, the Jugendamt shall include the legal guardians and the child or young person in the risk assessment and, if so, It is necessary to have a direct impression of the child and of his/her personal environment. If the Youth Welfare Office considers that the granting of aid is appropriate and necessary, it must offer it to the legal guardian. (2) If the Jugendamt considers the action of the family court to be necessary, the Court of First Instance shall have the right to , this shall also apply where the legal guardians are not willing or able to participate in the assessment of the risk of danger. If there is an urgent danger and the decision of the court cannot be awaited, the Jugendamt is obliged to take the child or the young person into custody. (3) As far as to avoid the danger of the action of others. The Youth Welfare Office must work towards the use by the legal guardians of the service providers, the institutions of the Health Aid department or the police. If immediate action is required and if the persons entitled to work or the guardian are not involved, the Youth Welfare Office shall itself switch on the other authorities responsible for the prevention of the risk. (4) In agreements with institutions and services providing services in accordance with this book shall ensure that:

1.

where the skilled workers make a risk assessment of the threat to a child or young person who they are caring for, when they become aware of the risks,

2.

in the case of the risk assessment, an experienced expert will be consulted in an advisory capacity;

3.

the legal guardians and the child or young person shall be included in the risk assessment, in so far as this does not call into question the effective protection of the child or young person.

The agreement shall include, in addition to the criteria for the qualification of the skilled worker who is to be assisted in an advisory capacity, the obligation to ensure that the staff of the institutions are entitled to the use of (5) If a local institution is aware of the danger to the good of a child, or if it is not possible to do so, it shall inform the local authorities of the risk of such a situation. of a young person, the person responsible for the award of benefits shall be The competent local authorities shall inform the competent local authorities of the data necessary for the performance of the protection order for children at risk of child protection in accordance with § 8a. The communication is to be carried out in the framework of a dialogue between the experts of the two local institutions, in which the persons entitled to personal rights and the child or young people are to be involved, in so far as the effective protection of the child or child is to be protected. Children or young people are not called into question. Unofficial table of contents

Section 8b Technical advice and support for the protection of children and young people

(1) Persons who are professionally in contact with children or young people have the right to advice from an experienced person in the assessment of a child's welfare at the individual case in relation to the local institution of the youth welfare system. (2) institutions in which children or young people are staying or receiving accommodation all day or for part of the day, and the competent service providers, shall be subject to the local institution of the competent authority. Youth assistance entitlement to advice in the development and application of professional Guidelines for action

1.

to secure the welfare of children and to protect them from violence, and

2.

on procedures for the participation of children and young people in structural decisions in the institution and on complaints procedures in personal matters.

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§ 9 Basic direction of education, equal rights of girls and boys

In the design of the services and the performance of the tasks are

1.

to observe the basic direction of education and the rights of persons entitled to the right of persons and of the child or of the young person in determining religious education,

2.

the growing capacity and growing need of the child or young person to act independently, responsibly, as well as the particular social and cultural needs and characteristics of young people and their families to take account of

3.

to take account of the differences in the lives of girls and boys, to reduce disadvantages and to promote equal rights for girls and boys.

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§ 10 Relationship with other benefits and obligations

(1) The obligations of others, in particular those of other social services and of schools, shall not be affected by this book. Non-statutory services of other persons may not be denied because of the provision of such services in accordance with this book. (2) Persons entitled to maintenance shall be subject to the costs of benefits in accordance with § § 90 to 97b. and provisional measures taken in accordance with this book. To the extent that the payment of the contribution to the costs is reduced by the performance of the maintenance obligation or the needs of the young person are covered by benefits and provisional measures in accordance with this book, this shall be the case in the calculation of the content of the maintenance contract. (3) The achievements of this book shall be carried out in accordance with the provisions of the Second Book. By way of derogation from the first sentence, benefits shall be provided pursuant to § 3 (2), § § 14 to 16g, § 19 paragraph 2 in conjunction with § 28 paragraph 6 of the Second Book as well as benefits pursuant to § 6b paragraph 2 of the Federal Children's Money Act in conjunction with Section 28 (6) of the Second Book Book the benefits according to this book. (4) Services according to this book will be provided according to the twelfth book. By way of derogation from the first sentence, the benefits referred to in Article 27a (1) shall be taken in conjunction with Article 34 (6) of the Twelfth Book and Benefits of Inclusion Assistance in accordance with the Twelfth Book for Young People, which are physically or mentally disabled or from such persons Disability is threatened, the services provided according to this book. National law can regulate the provision of early support services for children, irrespective of the type of disability, as a priority by other service providers.

Second chapter
Youth welfare services

First section
Youth work, youth social work, educational children's and youth protection

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§ 11 Youth Work

(1) Young people are to be provided with the necessary services for youth work to promote their development. They are intended to build on the interests of young people and be co-designed and co-organised by them, to empower them to self-determination and to inspire and lead to social responsibility and social commitment. (2) Youth work will be offered by associations, groups and initiatives of young people, by other institutions of youth work and by the institutions of public youth assistance. It includes special offers for members, the open youth work and community-oriented offers. (3) The focus of youth work is:

1.

Extracurricular youth education with general, political, social, health, cultural, natural and technical education,

2.

Youth work in sport, play and sociability,

3.

work environment, school and family-related youth work,

4.

international youth work,

5.

Children's and Jugenders ' pick up,

6.

Youth counselling.

(4) Offers of youth work can also be persons who are the 27. have been completed and have been fully involved in the process of this year. Unofficial table of contents

Section 12 Promotion of youth associations

(1) The self-responsible activities of youth groups and youth groups must be promoted in accordance with § 74. (2) Youth work by young people themselves in youth groups and youth groups. organized, jointly organized and co-responsible. Their work is long-lasting and usually aimed at its own members, but it can also turn to young people who are not members. Youth associations and their associations express and represent the concerns and interests of young people. Unofficial table of contents

§ 13 Youth Social Work

(1) Young people who are in need of assistance in order to compensate for social disadvantages or to overcome individual impairments should be offered social education assistance in the context of the youth welfare system, which is Promote their education and vocational training, integration into the world of work and their social integration. (2) Insofar as the training of these young people is not ensured by the actions and programmes of other institutions and organisations, suitable social pedagogically accompanied training and (3) Young people can take part in educational or vocational training measures or in the case of vocational education and training, and can be employed in the Integration Accommodation offered in social pedagogically accompanied forms of living. In these cases, the necessary maintenance of the young person is also to be ensured and hospital assistance is to be provided in accordance with § 40. (4) The offers are to be provided with the measures of the school administration, the Federal Employment Agency, the institution operational and non-operational training as well as the providers of employment opportunities. Unofficial table of contents

Section 14 Children's and youth protection

(1) Young people and legal guardians are to be made offers of educational children's and young people's protection. (2) The measures are to be taken

1.

to enable young people to protect themselves from endangering influences and lead them to criticality, decision-making capacity and self-responsibility, as well as responsibility towards their fellow human beings,

2.

Better enable parents and other guardians to protect children and young people from endangering influences.

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Section 15 National Legal Reservation

The information on the content and scope of the tasks and services regulated in this section shall be governed by the law of the country.

Second section
Promotion of education in the family

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Section 16 General promotion of education in the family

(1) Maternal, fathers, other guardians and young people should be offered services of general support for education in the family. They should help to ensure that mothers, fathers and other guardians are better able to exercise their responsibility for education. They are also intended to show ways in which conflict situations in the family can be solved without violence. (2) Services to promote family education are in particular:

1.

Family-building offers, which respond to needs and interests as well as to the experiences of families in different life situations and educational situations, the family to participate in educational institutions and in forms of self-and self-education. Better enable neighbourhood assistance and prepare young people for marriage, partnership and living together with children,

2.

Offers of advice on general issues relating to the education and development of young people,

3.

Offers of family free time and family recreation, especially in stressful family situations, which, if necessary, include the educational care of the children.

(3) Maternal and Vätern and pregnant women and fathers are to be offered advice and assistance on issues of partnership and the building of parental education and relationship skills. (4) The content and scope of the Tasks regulate the law of the country. (5) (to be omitted) Unofficial table of contents

§ 17 Consultation in matters of partnership, separation and divorce

(1) In the context of youth assistance, mothers and fathers shall be entitled to advice on matters of partnership if they have or are in fact responsible for a child or a young person. The advice is to help

1.

to build up a partnership in the family,

2.

to deal with conflicts and crises in the family,

3.

in the case of separation or divorce, the conditions for the exercise of parental responsibility, which is conducive to the best interests of the child or of the young person.

(2) In the case of separation and divorce, parents are required to participate in the development of a consensual approach to the exercise of parental concern and parental responsibility, with due participation of the child or young person concerned. ; this concept can also serve as a basis for a comparison or a judicial decision in the family court proceedings. (3) The courts share the right of divorce when a Community underage is children, as well as names and addresses of the participating married couples and children to the Youth Welfare Office, to inform the parents of the service provision of the youth assistance provided for in paragraph 2. Unofficial table of contents

§ 18 Advice and support in the exercise of personnel and the right of access

(1) Mothers and fathers who have or are actually responsible for a child or young person shall be entitled to advice and support

1.

in the exercise of the personal order, including the assertion of maintenance or maintenance rights of the child or young person,

2.

in the event of the assertion of their maintenance claims in accordance with § 1615l of the Civil Code.

(2) Mothers and fathers who are not married to the other parent are entitled to advice on the delivery of a declaration of custody and the possibility of judicial transfer of the common parental concern. (3) Children and adolescents are entitled to advice and support in the exercise of the right of access in accordance with Section 1684 (1) of the Civil Code. They are to be supported in the fact that the persons who are entitled to deal with them in accordance with § § 1684, 1685 and 1686a of the Civil Code make use of this right for their well-being. Parents, other persons with access to access, and persons in whose care the child is situated, are entitled to advice and assistance in the exercise of the right of access. In the case of the power to request information on the personal circumstances of the child, in the production of contact contacts and in the execution of judicial or agreed transitional arrangements, it shall be communicated and, in appropriate cases, (4) A young full-year-old has until the completion of the 21st century. Life-year right to counseling and support in the assertion of maintenance or maintenance claims. Unofficial table of contents

Section 19 Common forms of housing for mothers/fathers and children

(1) Mothers or fathers who have, or are in fact, caring for a child under the age of six shall be cared for in a suitable form together with the child, if and as long as they are based on their personal development Form of support in the care and upbringing of the child. The care also includes older siblings, provided that the mother or the father has to care for them alone. A pregnant woman can also be cared for in the form of a child before the birth of the child. (2) During this period of time, the aim is to ensure that the mother or the father starts or continues a school or vocational training course, or that a child is born in the country of residence. (3) The performance shall also include the necessary maintenance of the persons in charge as well as the hospital assistance in accordance with § 40. Unofficial table of contents

§ 20 Care and care of the child in emergency situations

(1) If the parent who has taken over the overriding care of the child is due for the performance of this task for health or other compelling reasons, the other parent shall be responsible for the care and care of the child. Household living child shall be assisted if:

1.

it is not in a position to carry out the task because of a professional absence;

2.

the assistance is required to ensure the best interests of the child;

3.

Offers to promote the child in day facilities or in day care are not sufficient.

(2) If a parent is a parent or if both parents are due to health or other compelling reasons, the parent household shall be provided with the child under the condition set out in paragraph 1 (3), where: and as long as it is necessary for his well-being. Unofficial table of contents

Section 21 Assistance with the necessary accommodation to meet compulsory school attendance

If, on account of the permanent change of place associated with their professional activity, persons entitled to a person's rights cannot ensure that their child or young person is compulsory to compulsory schooling, and is therefore otherwise subject to the child's accommodation or of the young person, they are entitled to advice and support. In appropriate cases, the costs of accommodation may be taken over in a form of housing suitable for the child or young people, including the necessary maintenance and the hospital assistance. The performance may be granted beyond the school age, provided that a school education has not yet been completed, but at the latest until the completion of the 21. Life Year.

Third Section
Promotion of children in daycare facilities and in day care

Unofficial table of contents

Section 22 Principles of support

(1) Day facilities are facilities in which children are staying for part of the day or all day, and are encouraged in groups. Day care is provided by a suitable day-care person in their household or in the household of the person entitled to the person's rights. The national law regulates the details of the delimitation of day care facilities and day care. It can also regulate the care of day care in other appropriate rooms. (2) Day facilities for children and day care for children should be provided

1.

promote the development of the child into a self-responsible and community-capable personality,

2.

support and supplement education and education in the family,

3.

helping parents to better reconcile work and child education.

(3) The promotion mandate includes education, education and care of the child and refers to the child's social, emotional, physical and mental development. It includes the teaching of orienting values and rules. The promotion should be based on the age and level of development, the linguistic and other skills, the living situation and the interests and needs of the individual child, and take into account his ethnic origin. Unofficial table of contents

Section 22a Promotion in day-care facilities

(1) The promoters of public youth assistance shall ensure and develop the quality of support in their institutions through appropriate measures. These include the development and use of a pedagogical concept as the basis for the fulfilment of the grant application as well as the use of instruments and procedures for the evaluation of the work in the institutions. (2) The institutions of the Public youth assistance to ensure that professionals work together in their institutions

1.

with legal guardians and day-care workers for the good of the children and for ensuring the continuity of the education process,

2.

with other children's and family-related institutions and initiatives in the community, in particular those relating to family education and counselling,

3.

with schools to ensure the children have a good transition to school and to support work with school children in Horten and age-mixed groups.

The legal guardians are to participate in the decisions in essential matters of education, education and care. (3) The offer is intended to be pedagogically and organizationally to the needs of the children and their families. orient. If facilities are closed during the holiday periods, the public youth welfare institution for children who cannot be cared for by the legal guardians shall be able to provide assistance for other purposes. (4) Children with and without hindrants should be jointly promoted in groups, provided that the need for assistance is permitted. To this end, the public youth welfare institutions should cooperate with the institutions of social assistance in the planning, design and financing of the offer. (5) The promoters of public youth assistance are to be provided with the To ensure the implementation of the grant application in accordance with paragraphs 1 to 4 in the institutions of other institutions by appropriate measures. Unofficial table of contents

Section 23 Promotion in day care

(1) The promotion of child care in accordance with § 24 includes the placement of the child into a suitable day-care person, insofar as this is not demonstrated by the person with whom the child is entitled, the professional advice, the accompanying and the further qualification and the granting of an ongoing cash benefit to the day-care person. (2) The current cash benefit referred to in paragraph 1 shall include:

1.

the reimbursement of reasonable expenses incurred by the day-care person for the amount of the expenses incurred,

2.

the amount to be paid in recognition of the performance of the aid referred to in paragraph 2a,

3.

the reimbursement of expenses incurred in respect of contributions to an accident insurance, as well as the repayment of refunded expenses for an adequate retirement provision of the day-care person; and

4.

The half-way refund of proven expenses to an adequate health insurance and nursing care insurance.

(2a) The amount of the current cash benefit shall be determined by the institutions of the public youth assistance, unless otherwise determined by the country's national law. The amount to be paid for the recognition of the benefit of the day care person is to be designed in a performance-oriented way. In this context, account shall be taken of the time-scale of the service and the number of children and the needs of the children under consideration. (3) Suitable persons within the meaning of paragraph 1 shall be persons with a personality, competence and willingness to cooperate. with legal guardians and other day care persons, and have child-friendly premises. They should have in-depth knowledge of the requirements of day care for children, which they have acquired in qualified courses or have been proven in a different way. (4) Childcare and day-care persons are entitled to advice on all matters relating to day care. In case of downtime of a day care person, a different care possibility for the child is to be ensured in good time. The purpose of the project is to advise, support and promote groups of day-care workers. Unofficial table of contents

§ 24 Claim to be promoted in day-care facilities and in day care

(1) A child who has not yet completed the first year of life shall be encouraged in a facility or in nursery care, if:

1.

this service is required for its development into a person responsible for its own and community capacity, or

2.

the legal guardians

a)

to work, to take up gainful employment or to be looking for work,

b)

are in a vocational training measure, in school education or in university education, or

c)

Benefits for inclusion in the sense of the Second Book.

If the child lives only with a legal guardian, that person shall replace the legal guardian. The amount of daily support depends on the individual needs. (2) A child who has completed the first year of life shall be entitled to early childhood support in a day facility or in a day-care facility until the age of three. Day care. (3) A child who has completed the third year of life shall be entitled to receive support in a day-to-day facility until the school enters the school. The promoters of public youth assistance have the aim of ensuring that this age group offers a range of full-day places which is tailored to the needs of the public. In case of special needs or in addition, the child can also be promoted in day care. (4) For children of school age, a demand-oriented offer in day-care facilities is to be kept. The third sentence of the first sentence of paragraph 1 and the third sentence of paragraph 3 shall apply. (5) The institutions of public youth assistance or the bodies appointed by them shall be obliged to make use of the parents or parents who wish to benefit from the benefits referred to in paragraphs 1 to 4; inform about the space available in the local catchment area and the pedagogical design of the facilities and advise them in the selection process. National law may stipulate that persons entitled to be guardianed shall inform the competent institution of the public youth aid or of the competent authority within a specified period of time before the intended use of the service. (6) Further national law shall remain unaffected. Unofficial table of contents

Section 25 Support for self-organised promotion of children

Mothers, fathers and other legal guardians who want to organise the promotion of children themselves are to be advised and supported. Unofficial table of contents

Section 26 Law of the Land

The information on the content and scope of the tasks and services regulated in this section shall be governed by the law of the country. The provisions of national law applicable on 31 December 1990, which assign the kindergarten system to the education sector, remain unaffected.

Fourth Section
Help for education, integration aid for children with mental disabilities and young people, assistance for young adults

First subsection
Aid for education

Unofficial table of contents

Section 27 Help for education

(1) A person who is entitled to receive assistance in the education of a child or a young person shall be entitled to assistance (assistance for education) if an education corresponding to the best interests of the child or of the young person is not guaranteed and the assistance provided for: its development is appropriate and necessary. (2) Help for education is provided in particular in accordance with § § 28 to 35. The type and extent of the assistance shall be based on the educational needs of the individual case, with the aim of involving the closer social environment of the child or of the young person. The aid is usually to be provided in Germany; it may only be provided abroad if it is necessary in the individual case in accordance with the assistance planning. (2a) If an education of the child or young person is concerned, it should be provided. outside the home of the parental home, the right to education is not eliminated by the fact that another dependent person is willing to take on this task; the provision of assistance for education shall in this case be provided , that this person is willing and appropriate to meet the needs of assistance in cooperation with the (3) Aid for education includes, in particular, the provision of pedagogical and related therapeutic services. It shall, if necessary, include training and employment measures within the meaning of Article 13 (2). (4) If a child or a young person is to be a mother of a child during their stay in a facility or a foster family, the child shall be included in the aid to education, including support in the care and upbringing of this child. Unofficial table of contents

§ 28 Education advisory

Educational advice centres and other advisory services and facilities are intended to assist children, young people, parents and other legal guardians in the clarification and management of individual and family-related problems and the underlying Support factors, the solution of educational issues as well as separation and divorce. The aim is to work together with experts from different disciplines, who are familiar with different methodological approaches. Unofficial table of contents

§ 29 Social group work

The participation in social group work is intended to help older children and young people overcome development difficulties and behavioural problems. On the basis of a group-pedagogical concept, social group work is intended to promote the development of older children and young people through social learning in the group. Unofficial table of contents

§ 30 Education counselor, care worker

Education and care workers should assist the child or young people in coping with development problems, if possible, with the involvement of the social environment, and in order to maintain the family's life-long reference Promote self-understanding. Unofficial table of contents

§ 31 Social Pedagogical Family Assistance

Social-pedagogical family assistance is intended to support families in their educational tasks, in coping with everyday problems, resolving conflicts and crises as well as in contact with offices and institutions through intensive supervision and support. and give help to self-help. It is usually applied for a longer period of time and requires the cooperation of the family. Unofficial table of contents

§ 32 Education in one day group

Assistance for education in a group of the day is intended to support the development of the child or young person through social learning in the group, support for school support and parental work, thereby making the child or the child a child. Securing young people in his family. The aid can also be provided in appropriate forms of family care. Unofficial table of contents

§ 33 Full-time care

Assistance for full-time care should be provided according to the age and level of development of the child or of the young person and his/her personal ties as well as the possibilities of improving the educational conditions in the children's family of origin and young people in another family offer a temporary education or a permanent life form. Appropriate forms of family care should be created and developed for children and young people who are particularly affected by development. Unofficial table of contents

§ 34 Heimeraring, other assisted living form

Assistance for education in a facility on day and night (home education) or in another assisted living form is intended to help children and young people through a combination of everyday life with pedagogical and therapeutic offers in their Promote development. It should be based on the age and level of development of the child or of the young person, as well as the possibilities of improving the educational conditions in the family of origin

1.

try to get back to the family, or

2.

prepare the education in another family, or

3.

to prepare for a longer period of life and prepare for an independent life.

Young people are to be advised and supported on issues of training and employment as well as on the general way of life. Unofficial table of contents

§ 35 Intensive social pedagogical support

Intensive social pedagogical support is to be granted to young people who require intensive support for social integration and for self-responsible life management. The aid is usually designed for a longer period of time and is intended to take account of the individual needs of the young person.

Second subsection
Integration assistance for children and young people with mental disabilities

Unofficial table of contents

§ 35a Integration aid for children and young people with mental disabilities

(1) Children or young persons shall be entitled to an integration assistance if:

1.

their mental health is highly likely to deviate from the condition typical of their age for more than six months, and

2.

Therefore, their participation in life in society is impaired or such impairment is to be expected.

In the sense of this book, children or young people are threatened by a mental disability, in which they are likely to have a high probability of impairment of their participation in life in society after professional knowledge. Section 27 (4) shall apply. (1a) As regards the deviation of the mental health referred to in the first sentence of the first sentence of paragraph 1, the institution of the public youth aid shall have the opinion of:

1.

of a doctor for child and adolescent psychiatry and psychotherapy,

2.

of a child and youth psychotherapist, or

3.

of a doctor or psychological psychotherapist who has special experience in the field of mental disorders in children and adolescents,

. The opinion is to be drawn up on the basis of the International Classification of Diseases in the German version published by the German Institute for Medical Documentation and Information. It is also possible to explain whether the deviation has a disease value or is based on a disease. The aid shall not be provided by the person or service or the institution which belongs to the person who delivers the opinion. (2) The aid shall be provided in individual cases, in accordance with

1.

in ambulatory form,

2.

in daycare facilities for children or in other sub-hospital facilities,

3.

by suitable carers and

4.

in establishments over day and night, as well as other forms of living.

(3) The task and purpose of the assistance, the determination of the group of persons and the nature of the services shall be determined in accordance with § 53 (3) and (4) sentence 1, § § 54, 56 and 57 of the Twelfth Book, insofar as these provisions also apply to mentally disabled persons or from a (4) If at the same time assistance is to be provided for education, it is intended to use facilities, services and persons who are capable of both the tasks of the integration assistance as well as to meet the educational needs. If remedial measures are to be provided for children who are not yet in school age, in day-care facilities for children, and if the need for assistance is to be provided, facilities shall be used in which disabled and non-disabled persons are to be provided with: Children with disabilities are jointly looked after.

Third Subsection
Common rules on aid for education and integration aid for children and young people with mental disabilities

Unofficial table of contents

§ 36 Participation, aid plan

(1) The person entitled to the person and the child or the young person shall be advised before the decision on the use of an aid and before a necessary change of the type and extent of the assistance and on the possible consequences for development of the child or of the young person. Before and during a long term aid outside the own family, it is necessary to consider whether the acceptance as a child is considered. Where assistance is required outside the family, the persons referred to in the first sentence shall be involved in the selection of the institution or body of care. The choice and the wishes shall be appropriate provided that they are not associated with disproportionate additional costs. If the persons referred to in the first sentence wish to provide a service referred to in § 78a in a body with which no agreements are made in accordance with Section 78b, the choice shall be fulfilled only if the performance of the service is to be provided in accordance with Article 78a of the (2) The decision on the type of aid indicated on a case-by-case basis should, if assistance is expected to be provided for a longer period of time, be taken in the interaction of a number of skilled workers . As a basis for the development of the aid, they should draw up a plan of assistance, together with the person who is entitled to work and the child or young person, the findings on the need, the type of assistance to be granted and the necessary They shall regularly check whether the chosen type of aid is still appropriate and necessary. Where other persons, services or facilities are involved in the implementation of the assistance, they or their staff shall be involved in the establishment of the assistance plan and its review. If measures of vocational integration appear necessary, the bodies responsible for the integration should also be involved. (3) Aid in accordance with § 35a appears to be necessary, in order to establish and amend the aid plan and in implementing the aid, the person who delivered an opinion in accordance with Article 35a (1a) shall be involved. (4) Before a decision on the granting of aid, which is provided in whole or in part abroad, is to be taken, in order to establish a Mental disorder with disease value the opinion of one in § 35a paragraph 1a sentence 1 shall be obtained. Unofficial table of contents

Section 36a Steering responsibility, self-procurement

(1) The institution of public youth assistance shall, in principle, bear the costs of aid only if it is provided on the basis of its decision in accordance with the aid plan, with due regard for the right to vote and to vote; this shall also apply in the case of: Cases in which parents are obliged by the family court or young persons and young adults to use aid by the youth driver. (2) By way of derogation from paragraph 1, the institution of the public youth aid shall be subject to the low-threshold direct use of outpatient assistance, in particular: Educational advice, permit. To this end, it is to conclude agreements with the service providers in which the conditions and the design of the service provision and the assumption of costs are regulated. (3) In derogation from paragraphs 1 and 2 of the In order to obtain the necessary expenses, the public youth assistance institution shall only be obliged to take over the necessary expenses if:

1.

the person entitled to benefit has informed the institution of public youth assistance before self-procurement of the need for assistance,

2.

the conditions for the granting of aid, and

3.

the coverage of the needs

a)

up to a decision of the institution of the public youth assistance on the granting of the benefit, or

b)

up to a decision on an appeal after an unduly rejected performance

did not tolerate a delay in time.

If it was impossible for the person entitled to benefit to inform the institution of the public youth assistance in good time about the need for assistance, he must immediately catch up with it after the obstacle to the obstacle has been lost. Unofficial table of contents

Section 37 Cooperation on aid outside the family

(1) In the case of aid in accordance with Articles 32 to 34 and § 35a (2) (3) and (4), it shall be necessary to ensure that the care person or persons responsible for the education and the parents for the benefit of the child or of the young person work together. Advice and assistance shall improve the conditions of education in the family of origin within a period of time which is acceptable with regard to the development of the child or young person, to such an extent that they are the child or the child Young people can raise themselves again. During this time, accompanying counselling and support for families will help to ensure that the relationship of the child or young people to the family of origin is promoted. If a sustainable improvement in the conditions of education in the family of origin cannot be achieved within this period, the persons involved shall be responsible for another, the best interests of the child or of the young person, and in the long term (2) The caregider is entitled to counseling and support before the child or young person is taken up and during the period of the care period; this also applies in cases where the child is responsible for the child's life. or the young person is not provided with assistance for education or integration or the carer is not required to provide full-time care in accordance with § 44. If the child or the young person lives with a caregister outside the competent institution of the public youth assistance, local advice and support shall be ensured. The competent institution of public youth assistance shall also reimburse the costs incurred, including administrative costs, in cases where advice and assistance are provided by means of mutual assistance. Section 23 (4) sentence 3 shall apply accordingly. (2a) The assistance plan shall be documented in the manner and manner of the cooperation and the objectives relating to it in individual cases. In the case of aid in accordance with § § 33, 35a (2) (3) and § 41 (§ 41), the agreed scope of counseling of the carer as well as the amount of current benefits for the maintenance of the child or young person are also included. A deviation from the findings made there is only permissible if the assistance needs are changed and the aid plan is modified accordingly. (3) The Youth Welfare Office is to check the requirements of the individual case in place, whether the carer guarantees an education conducive to the best interests of the child or the young person. The nurse has to inform the Youth Welfare Office of important events concerning the best interests of the child or of the young person. Unofficial table of contents

§ 38 Mediation in the exercise of personal orders

Insofar as the holder of the person's order, by means of a declaration pursuant to § 1688 (3) sentence 1 of the Civil Code, restricts the care person's power of representation to such an extent that this is an education conducive to the best interests of the child or the young person , and in the case of other differences of opinion, the parties are to turn the Youth Welfare Office into action. Unofficial table of contents

§ 39 Benefits for the maintenance of the child or of the young person

(1) If assistance is granted in accordance with § § 32 to 35 or § 35a (2) (2) to (4), the necessary maintenance of the child or young person outside the parental home shall also be ensured. It covers the costs of the expenses and the care and upbringing of the child or young people. (2) The entire recurring need is to be covered by ongoing services. Except in the case of § 32 and § 35a (2) (2), they shall also include a reasonable amount of cash at the personal disposal of the child or of the young person. The amount of the amount shall be determined in the cases of § § 34, 35, 35a (2) (4) by the competent authority of the country; the amounts shall be staggered by age group. The current benefits under full-time assistance (§ 33) or by a suitable carer (§ 35a (2) (3)) shall be calculated in accordance with paragraphs 4 to 6. (4) The current benefits are to be granted on the basis of the actual costs, and (4) the current benefits are to be granted on the basis of the actual costs, provided that they do not exceed a reasonable level. The current services also include the reimbursement of expenses for contributions to an accident insurance as well as the amount of reimbursed expenses for a reasonable retirement provision of the caregivers. They are to be granted in a monthly flat-rate amount, unless different services are offered according to the specific nature of the individual case. If the caregister is in a straight line with the child or young person, and if it is able to provide it with maintenance, taking into account the other obligations and without endangering its reasonable subsists, the part of the person responsible for the the monthly flat-rate amount which relates to the costs of the child's or young people's expenses, shall be appropriately reduced. If a child or a young person is accommodated in the area of another Youth Welfare Office, the amount of the lump sum to be granted shall be determined in accordance with the conditions applicable at the place of the nursing home. (5) The lump sum amounts for the current Maintenance services shall be determined by the competent authorities in accordance with the law of the country. The age-related differences in the maintenance of children and young people must be taken into account by a staggering of the amounts by age group. (6) If the child or the young person is taken into account by the carer in accordance with § 31 of the Income Tax Act, an amount equal to half of the amount, which according to § 66 of the German Income Tax Act (§ 66 of the German Income Tax Act) is taken into account. Income Tax Act to be paid for a first child is to be charged on current services. If the child or young person is not the oldest child in the foster family, the amount of the allowance for that child or young person is reduced to one quarter of the amount to be paid for a first child. (7) If a child or a child is born, the child or child shall be subject to the following conditions: Young people during their stay in a facility or a foster family themselves mother of a child, so the necessary maintenance of this child is also to be ensured. Unofficial table of contents

§ 40 Hospital aid

If assistance is granted in accordance with § § 33 to 35 or § 35a (2) (3) or (4), hospital assistance shall also be provided; for the extent of the assistance, § § 47 to 52 of the Twelfth Book shall apply accordingly. Hospital aid must meet the needs of the individual case in full. Payments and equity participations must be taken over. The Youth Welfare Office may, in appropriate cases, take over the contributions for a voluntary health insurance as far as they are appropriate.

Fourth subsection
Aid for young adults

Unofficial table of contents

Section 41 Help for young adults, after-care

(1) A young adult is to be given assistance in the development of personality and on a self-responsible lifestyle, if and as long as the assistance is necessary on account of the individual situation of the young person. The aid will usually only be provided until the completion of the 21. (2) § 27 (3) and (4) as well as § § 28 to 30, 33 to 36, 39 and 40 shall apply in accordance with the requirements of the following: (3) The young full-year-old is to be advised on the necessary scale even after the end of the assistance in the case of the self-employed person, and the young full-year-old is to be given the necessary advice and advice. is supported.

Third chapter
Other tasks of youth assistance

First section
Provisional measures for the protection of children and young people

Unofficial table of contents

Section 42 Inobhutation of children and adolescents

(1) The Jugendamt is entitled and obliged to take a child or a young person into his care if:

1.

the child or the young person is asking for care, or

2.

an urgent danger to the welfare of the child or of the young person requires the take-up of the child; and

a)

do not object to the right of person or person to

b)

a family court decision cannot be obtained in a timely manner, or

3.

a foreign child or a foreign youth unslides to Germany and does not reside in Germany and is not entitled to a person or legal guardian in person.

The take-up of a child shall include the power to provisionally accommodate a child or young person in the case of a suitable person, in a suitable institution or in another form of residence; in the case of the first sentence of paragraph 2, a child or a child shall also be entitled to a child or a child. (2) The Jugendamt has to clarify the situation, which has led to the taking of the Inobhuh, together with the child or the young person, and the possibilities of assistance and support. to show. The child or the young person shall be immediately given the opportunity to notify a person of his or her confidence. The Youth Welfare Office must ensure the best interests of the child or of the young person during the take-up, while ensuring the necessary maintenance and the hospital assistance; § 39 (4) sentence 2 shall apply accordingly. The Youth Welfare Office is entitled to carry out all legal acts which are necessary for the best interests of the child or young people during the taking of the Inobhuture; the presumed will of the person's or guardians is appropriate in this respect. (3) In the case referred to in the first sentence of the first sentence of paragraph 1, the Jugendamt shall immediately inform the person or legal guardian of the acceptance of the impoundment and shall assess the risk of danger with them. If the person or guardians of the Inobhutacceptance contradict, the Jugendamt shall immediately

1.

the child or guardian is to be handed over to the child or guardian, provided that according to the Jugendamt's assessment there is no danger to the child's welfare or the person or guardian of the child is willing and in the The situation is to avert the risk or

2.

to bring about a decision of the family court on the measures necessary for the best interests of the child or of the young person.

If the person or guardian cannot be reached, the second sentence of paragraph 2 shall apply accordingly. In the case of the first sentence of paragraph 1, point 3, the appointment of a guardian or guardian shall be immediately ordered. If there is no contradict in the number of persons entitled to receive the Inobhutacceptance, an aid plan procedure for the granting of assistance shall be initiated immediately. (4) The inversion of the Inobhutacceptance shall end with

1.

the surrender of the child or young person to the persons responsible for the transfer of persons or guardians,

2.

the decision on the granting of aid under the Social Code.

(5) Freedom-of-deprivation measures in the context of the taking of easure are only admissible if and insofar as they are necessary in order to avert a danger to the life of the child or of the young person or a danger to the body or life of third parties. Deprivation of liberty shall be terminated without a court decision at the latest after the day after the day of its commencement. (6) If the application requires immediate coercion, the authorized bodies shall be added to the detention.

Second section
Protection of children and young people in family care and in institutions

Unofficial table of contents

§ 43 Permission to care for children

(1) A person who wishes to care for a child or several children outside the household of the legal guardian for a period of one part of the day and more than 15 hours per week for a fee of more than three months is required. (2) The following shall be required: Permission is to be granted if the person is suitable for day care. Suitable for the purposes of sentence 1 are persons who:

1.

are distinguished by their personality, competence and willingness to cooperate with legal guardians and other day-care workers, and

2.

have child-friendly premises.

They should have in-depth knowledge of the requirements of day care for children, which they have acquired in qualified courses or have been proven in a different way. § 72a (1) and (5) shall apply accordingly. (3) The permission shall be authorized to provide care for up to five foreign children who are present at the same time. In individual cases, the permission for a smaller number of children can be granted. National law may stipulate that permission to take care of more than five foreign children who are present at the same time can be granted if the person has a pedagogical training; no more children are allowed to be cared for in the nursing home. in a comparable group of a day-to-day facility. The permit is limited to five years. It can be provided with a secondary specification. The day-care person has to inform the institution of the public youth assistance about important events which are important for the care of the child or children. (4) Childcare and day-care persons are entitled to advice in all Questions of day care for children. (5) The details of the country's law are regulated. Unofficial table of contents

§ 44 Permission for full-time care

(1) Those who wish to receive a child or a young person in their household during the day and night (care person) are required to do so. A permit does not require who is a child or a young person

1.

in the context of assistance for education or integration assistance for children and young people with mental disabilities, due to mediation by the Youth Welfare Office,

2.

as a guardian or nurse within the scope of his/her sphere of influence,

3.

as relatives or conspirators up to the third degree,

4.

for a period of eight weeks,

5.

in the context of a student or youth exchange,

6.

In AdoptionspMaintenance (§ 1744 of the Civil Code)

by day and night. (2) permission to refuse is to be refused if the welfare of the child or of the young person is not guaranteed in the nursing home. Section 72a (1) and (5) shall apply accordingly. (3) The Jugendamt shall verify the requirements of the individual case on the spot, whether the conditions for the grant of the permit continue to exist. If the well-being of the child or of the young person is at risk in the care centre and the carer is not ready or in a position to prevent the endangering, the permission shall be withdrawn or revoked. (4) Who is a child or a young person? has been included in the family care of the family, has to inform the Youth Welfare Office about important events that affect the best interests of the child or of the young person. Unofficial table of contents

§ 45 Permission for the establishment of a facility

(1) The institution of a facility where children or young people are cared for all day or for part of the day or receive accommodation shall be required to operate the establishment of the permit. A permit does not require

1.

operates a youth-free-time facility, a youth education facility, a youth hostel or a school-based home,

2.

that runs a student home, which is subject to the state law of school supervision,

3.

operates a facility outside the youth welfare system for children or young people, if they are subject to appropriate legal supervision or in the context of the hotel and restaurant business of the reception of children, or Young people.

(2) permission shall be granted if the well-being of the children and young people is guaranteed in the institution. This is usually to be assumed if:

1.

the spatial, technical, economic and human conditions necessary for the establishment and the design of the establishment are fulfilled,

2.

the social and linguistic integration of the institution is supported, as well as the health care and medical care of children and young people is not made more difficult,

3.

in order to safeguard the rights of children and young people in the establishment, appropriate procedures for participation as well as the possibility of appeal in personal matters shall apply.

(3) In order to verify the conditions, the institution of the institution with the application

1.

to present the design of the facility, which also provides information on measures for quality development and security, and

2.

to demonstrate, with regard to the suitability of the staff, that the submission and examination of task-specific training evidence and of management certificates pursuant to Section 30 (5) and Section 30a (1) of the Federal Central Register Act are ensured; The institution of the institution shall, at regular intervals, re-request and re-examine the guide certificates.

(4) The permission may be provided with secondary provisions. In order to ensure the welfare of children and young people, subsequent conditions can also be granted. (5) If a permit-to-permit institution is subject to supervision under other legislation, the competent authority shall have its action prior to voting with the other authority. It has to inform the institution of the institution in good time of any further requirements under other legislation. (6) If deficiencies have been identified in a facility, the competent authority shall first inform the institution of the institution of the institution concerned. advice on how to remedy the shortcomings. If the elimination of the deficiencies can have an effect on charges or allowances in accordance with Article 75 of the Twelfth Book, the institution of social assistance shall be involved in the consultation which has been concluded in accordance with this provision. Where the deficiencies noted are not remedied, conditions may be imposed on the institution of the institution to remove any imminent or imminent threat to the welfare of children or young people. are required. Where a requirement for remuneration or remuneration has an effect in accordance with Article 75 of the Twelfth Book, the competent authority shall, after consulting the institution of the social assistance provided for in this provision, decide on the issue of the social assistance provided for in Edition. The obligation shall be designed in accordance with agreements pursuant to § § 75 to 80 of the Twelfth Book. (7) The permission shall be withdrawn or revoked if the welfare of the children or of the young people in the institution , and the institution of the institution is not ready or unable to depart from the risk. Objection and action against the withdrawal or revocation of the permit shall not have suspensive effect. Unofficial table of contents

Section 46 Local examination

(1) The competent authority shall, in accordance with the requirements of the individual case, verify on the spot whether the conditions for the granting of the permit continue to exist. The institution of the institution shall be involved in the local examination. It is intended to involve the Youth Welfare Office and a central institution of the free youth assistance, if it is a member of the institution of the institution, in the review. (2) The persons responsible for the inspection of the institution by the competent authority shall be: shall be entitled to enter the land and spaces used for the facility, in so far as they are not subject to a house right of the inhabitants, during the time of the day, to carry out examinations and visits, to engage with the children and young people in To contact the employees and to consult the employees. In order to prevent risks to the well-being of children and young people, the land and spaces may also be entered outside the period referred to in the first sentence and also, if they are at the same time subject to a domestic right of occupants. The institution of the institution shall accept the measures referred to in sentences 1 and 2. Unofficial table of contents

Section 47 Reporting obligations

The competent authority shall immediately inform the competent authority of the institution of a facility subject to the

1.

the holding of holding, indicating the name and address of the institution, the type and location of the institution, the number of places available, and the name and professional training of the head and the staff;

2.

events or developments likely to affect the well-being of children and young people, and

3.

the imminent closure of the facility

. Changes to the particulars referred to in paragraph 1 and to the design shall be without delay to the competent authority, and the number of places occupied shall be reported once a year. Unofficial table of contents

Section 48 Activity subparagraphs

The competent authority may prohibit the institution of an institution which is subject to a licence to continue to employ the head, employee or other employee in whole or in respect of certain functions or activities if the facts of the case are: To justify the fact that he does not possess the suitability required for his or her work. Unofficial table of contents

Section 48a Other assisted living form

(1) For the operation of another form of residence in which children or young people are cared for or receive accommodation, § § 45 to 48 shall apply. (2) If the other form of housing is linked to a facility, it shall be deemed to be part of the the institution. Unofficial table of contents

Section 49 National legal reservation

Further information on the tasks regulated in this section shall be governed by the law of the country.

Third Section
Participation in judicial proceedings

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§ 50 Participation in proceedings before the family courts

(1) The Youth Welfare Office shall assist the family court in all measures relating to the care of the person of children and young people. It shall participate in the following procedures in accordance with the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction:

1.

Child matters (§ 162 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction),

2.

descent cases (§ 176 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction),

3.

Cases of adoption (Section 188 (2), § 189, 194, 195 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction),

4.

Cases of marriage (Section 204 (2), § 205 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction) and

5.

Cases of violence (§ § 212, 213 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction).

(2) The Jugendamt informs in particular about the services offered and provided, introduces educational and social aspects of the development of the child or of the young person and points to further possibilities of the assistance. In the case of child matters, the Jugendamt informs the family court in the appointment under § 155 (2) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction over the status of the Consultative Process. (3) The Youth Welfare Office, which is consulted in proceedings for the transfer of the common concern under Section 155a (4), first sentence, and § 162 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction, or in proceedings shares, shares court decisions, on the basis of which the concern according to § 1626a Paragraph 2, first sentence, of the Civil Code shall be transferred to the parents in whole or in part jointly, to the Jugendamt competent pursuant to Section 87c (6) sentence 2 for the purposes specified in § 58a. The date of birth and the place of birth of the child or young person, together with the name given by the child or young person at the time of the birth of his birth, shall also be communicated. Unofficial table of contents

Section 51 Advice and instruction in procedures for acceptance as a child

(1) In the procedure for the replacement of the consent of a parent, the Jugendamt has to lecture the parent on the possibility of replacing the consent in the acceptance in accordance with § 1748 (2) sentence 1 of the Civil Code. It has to be pointed out that the family court must not be allowed to replace the consent only after three months after the information has been given. Instruction is not required if the parent has changed his place of residence without leaving his new address and the place of residence of the Jugendamt does not apply for a period of three months, despite appropriate research. , in which case the period begins with the first act of the Jugendamt, which is directed to the information or to the identification of the location of the place of stay. The deadlines expire at the earliest five months after the birth of the child. (2) The Jugendamt is to advise the parent with the instruction provided for in paragraph 1 on aids which could enable the child's education in his own family. In particular, it is not necessary to provide advice if the child has been living in family care for a longer period of time and, when it is published to the parent, has suffered a serious and lasting damage to the physical and mental well-being of the child. Child is to be expected. The Jugendamt has to inform the family court in the proceedings of what services have been provided or offered or for which reason it has been waived. (3) Do not join together parents who are married to one another not to share parental care, The Jugendamt has to advise the Father in the exercise of his rights pursuant to § 1747 (1) and (3) of the Civil Code. Unofficial table of contents

Section 52 Participation in proceedings under the Law on Juvenile Justice

(1) The Jugendamt (Jugendamt) has to participate in the proceedings under the law on juvenile justice in accordance with § § 38 and 50 (3) sentence 2 of the Juvenile Juvenile Law. (2) The Jugendamt has to check early on whether for the young person or the young full-year Benefits of youth assistance are eligible. If this is the case or if an appropriate performance has already been initiated or has been granted, the Jugendamt shall immediately inform the Public Prosecutor or the Judge thereof in order to check whether this performance is a resounder from the persecution (3) The employee of the Youth Welfare Office or the recognised institution of the free youth welfare service, who is active in accordance with the second sentence of Article 38 (2) of the Juvenile Justice Act, is to be employed by the youth or take care of the young full-year-old throughout the procedure.

Fourth Section
County, parenthood and guardianship for children and young people, information on the non-delivery of assorted declarations

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§ 52a Advice and support in the event of paternity determination and the assertion of maintenance claims

(1) The Jugendamt shall, immediately after the birth of a child whose parents are not married to each other, give advice and assistance to the mother, in particular in the case of the paternity arrest and the assertion of maintenance claims of the child. To offer children. It should be noted that:

1.

the importance of the position of paternity,

2.

the ways in which fatherhood can be identified, in particular where paternity can be recognised,

3.

the possibility of having the obligation to fulfil maintenance claims in accordance with § 59 (1) sentence 1, point 3, to be assessed,

4.

the possibility of requesting assistance, as well as the legal consequences of such an assistance,

5.

the possibility of common parental concern.

The Jugendamt has to offer a personal interview to the mother. The interview should normally take place in the mother's personal environment if it so wishes. (2) The offer referred to in paragraph 1 may take place before the birth of the child, if it is to be assumed that his/her parents are not together at the birth (3) If a paternity of a child or young person established pursuant to Section 1592 (1) or (2) of the Civil Code has been removed by a court decision, the court has to notify the Jugendamt. Paragraph 1 shall apply. (4) The registry office shall immediately notify the Jugendamt of the birth of a child whose parents are not married to each other. Unofficial table of contents

§ 53 Advice and support of carers and premutises

(1) The Jugendamt has to propose to the family court persons and associations which are suitable for the care or guardian in the individual case. (2) Nurses and guardians are entitled to regular and to the respective educational needs of the mindset (3) The Jugendamt has to ensure that the guerriors and caregivers care for the person of the Mündel, in particular their upbringing and care. It shall have a consultative role in ensuring that the identified deficiencies are remedied in agreement with the guardian or guardian. In so far as the deficiencies are not remedied, it must be notified to the family court. It has to provide information to the family court about personal development and the development of a coin. If the Jugendamt becomes aware of the danger to the property of a coin, it shall be notified to the family court. (4) The counterguardianship shall be subject to paragraphs 1 and 2 accordingly. If an association is a guardian, paragraph 3 shall not apply. Unofficial table of contents

Section 54 Permission to take over associations of associations

(1) A legally competent association may take care of a deposit or guardianship if the State Youth Welfare Office has given it a permit. (2) permission is to be granted if the association ensures that it has been granted the right to be granted the right to

1.

have a sufficient number of appropriate staff and supervise them, provide them with further training and ensure that they are adequately insured against any damage which they may inflict in the course of their work;

2.

endeavor to acquire, develop and provide advice on the basis of the acquisition of individual subdues and individual pflegers in their tasks,

3.

allows for an exchange of experience between the employees.

(3) The permission shall apply to the respective federal state in which the association has its registered office. It can be restricted to the area of a national youth welfare office. (4) The details are governed by the national law. It may also provide for further conditions for the granting of permission. Unofficial table of contents

Section 55 Advisory Council, Office of the Office of the State and the Official Board

(1) The Jugendamt shall be councted, nurse or guardian in the cases provided for by the Civil Code (county, office of office, guardianship). (2) The Jugendamt shall delegate the exercise of the duties of the co-legislator, the office of the office of the office of the office of the office of the office of the office of the or the official head of each of his officials or employees. Prior to the transfer of the duties of the official or the official, the Jugendamt shall consult the child or young person orally for the selection of the official or employee, in so far as this is according to the age and development status of the child or Young people are possible. An exceptional hearing before the transfer is to be obtained without delay. A full-time official or employee who is only responsible for the management of guardianship or pledge, should not exceed 50 and, while carrying out other tasks, should be subject to less guardianship or care. (3) The transfer shall be one of the affairs of the day-to-day administration. In the framework circumscribed by the transfer, the official or employee of the legal representative of the child or young person shall be the official. In accordance with § 1793 (1a) and § 1800 of the Civil Code, the office of office and guardian of the office must maintain personal contact with him and personally to promote and ensure his/her care and education. Unofficial table of contents

Section 56 Leadership of the Advisory Board, the Office of the Office and the Headquarters

(1) The provisions of the Civil Code shall be applied to the leadership of the State, the Office of the Office and the guardianship, provided that this Act does not specify otherwise. (2) In relation to the Jugendamt, as the official guardian, and The provisions of Section 1802 (3) and § 1818 of the Civil Code are not applied. In the cases of § 1803 (2), § 1811 and § 1822 (6) and (7) of the Civil Code, approval of the family court is not required. National law may provide for further exceptions to the application of the provisions of the Civil Code concerning the guardianship of minors (§ § 1773 to 1895) for the Jugendamt or as an official guardian (§ § 1773 to 1895), which are the supervision of the Family courts in respect of property law and in the conclusion of teaching and employment contracts. (3) Mündelgeld can be held and invested with the approval of the family court on collective accounts of the Youth Welfare Office if it is the the interests of the coin, and provided that the safe administration, separability and The accounting of the money, including interest, is guaranteed at all times; regional law may determine that the family court's approval is not required. The application of Mündelgeld according to § 1807 of the Civil Code is also permissible with the body which the Youth Welfare Office has established. (4) The Jugendamt has to examine, as a rule, annually, whether in the interest of the child or the youth its Dismissal as an official or guardian of the office and the appointment of an individual or association is indicated, and this should be communicated to the family court. Unofficial table of contents

Section 57 Duty of notification of the Jugendamt

The Jugendamt has to inform the family court immediately of the admission of a guardianship. Unofficial table of contents

Section 58 counter-guardianship of the Jugendamt

§ § 55 and 56 apply accordingly for the activities of the Jugendamt as a counterguardian. Unofficial table of contents

§ 58a Sorgeregister; Certificate of non-existence of entries in the Sorgeregister

(1) For the purposes of issuing the certificate referred to in paragraph 2, children who are not married to one another shall be subject to a custody account in the case of the youth welfare office responsible pursuant to section 87c (6) sentence 2. In each case an entry shall be entered in the custody register if:

1.

In accordance with Article 1626a (1) (1) of the Civil Code,

2.

on the basis of a judicial decision, parental care shall be transferred to the parents in whole or in part.

The Sorgeregister also contains entries in the event of a declaration of custody pursuant to Article 224 (2) (3) of the Introductory Act to the Civil Code in the version in force until 19 May 2013. (2) No entries in the The mother who is not married to the father of the child shall, on request, receive a certificate from the Jugendamt responsible under the first sentence of Article 87c (6), first sentence. The mother must indicate the date of birth and place of birth of the child or of the young person, and the name which the child or young person has given at the time of the assessment of his birth.

Fifth Section
Appraisal, Enforceable Documents

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Section 59 Assessment

(1) The legal person of the Jugendamt shall be entitled to:

1.

the declaration by which the paternity is recognised or revoked, the declaration of consent of the mother and the necessary consent of the man who is married to the mother at the time of birth, of the child, of the child, of the child, of the child, of the child, of the child, of the child, of the child Young people or a legal representative for such a declaration (declarations of recognition of fatherhood),

2.

the declaration of recognition of motherhood, as well as the necessary consent of the legal representative of the mother to be assessed (Section 44 (2) of the Personal Status Act),

3.

the obligation to comply with the maintenance claims of a descendant or his legal successor to the legal successor, if the offspring at the time of the assessment the 21. Year of age has not yet been completed,

4.

the obligation to comply with claims for maintenance (§ 1615l of the Civil Code), including the legal successor of the legal successor, to be assessed,

5.

to assess the preparation of the adoption candidates for the adoption of a child proposed to them for international adoption (Section 7 (1) of the Adoption Convention Implementing Law);

6.

the revocation of the child's consent to the acceptance as a child (§ 1746 (2) of the Civil Code),

7.

the declaration by which the father renounts the transmission of concern (Article 1747 (3) (2) of the Civil Code), to be assessed,

8.

the declarations of custody (§ 1626a (1) (1) of the Civil Code) as well as the necessary consent of the legal representative of a limited-business parent (§ 1626c (2) of the Civil Code) to be assessed,

9.

include an explanation of the parent's deed under § 252 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction; § 129a of the Code of Civil Procedure shall apply accordingly.

The jurisdiction of the notaries, other documents or other bodies for public assessments shall remain unaffected. (2) The document shall not be held by the Urkundsperson if, in the matter in question, the person concerned represents a (3) The Jugendamt has to authorize appropriate officials and employees to carry out the tasks referred to in paragraph 1. The countries can regulate more about the technical requirements of these persons. Unofficial table of contents

§ 60 Enforceable Documents

Documents relating to an obligation pursuant to Article 59 (1), first sentence, point 3 or 4, and which have been incorporated in the prescribed form by an official or employee of the Jugendamt within the limits of his or her powers , the foreclosure shall take place if the declaration relates to the payment of a certain sum of money and the debtor has been subjected to the immediate enforcement in the document. The service can also be completed by the fact that the official or employee provides the debtor with a certified copy of the document; § 173, sentences 2 and 3 of the Code of Civil Procedure shall apply accordingly. The provisions applicable to the enforcement of the enforcement of judicial documents in accordance with Section 794 (1) (5) of the Code of Civil Procedure shall apply mutatily to the enforcement of the enforcement of the law, with the following measures:

1.

The enforceable copy and the confirmations pursuant to § 1079 of the Code of Civil Procedure are issued by the officials or employees of the Youth Welfare Office who are responsible for the assessment of the Declaration of Commitment. The same applies to the reference to a declaration of commitment pursuant to Section 790 of the Code of Civil Procedure.

2.

In the case of objections concerning the admissibility of the order for enforcement or the admissibility of the reference in accordance with Section 790 of the Code of Civil Procedure, the granting of a further enforceable copy and requests pursuant to § 1081 of the The Civil Procedure Code decides the district court in charge of the Jugendamt.

Fourth chapter
Protection of social data

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Section 61 Scope

(1) For the protection of social data in their collection and use in youth assistance, § 35 of the First Book, § § 67 to 85a of the Tenth Book as well as the following provisions apply. They shall apply to all bodies of the public youth assistance institution as far as they are carrying out tasks in accordance with this book. For the purpose of carrying out tasks in accordance with this book by municipalities and municipal associations which are not local institutions, the rates 1 and 2 shall apply. (2) For the protection of social data in their collection and use in the framework of the The activities of the Youth Welfare Office as an official, guardian, councor and counterguardian are subject to § 68. (3) If institutions and services of the institutions of the free youth assistance are used, it shall be ensured that the protection of the personal Data in the collection and use is ensured in a corresponding manner. Unofficial table of contents

Section 62 Data collection

(1) Social data may only be collected in so far as their knowledge is necessary for the performance of the respective task. (2) Social data shall be collected by the person concerned. It must be clarified on the basis of the legal basis of the survey and the purposes of the collection and use, in so far as these are not obvious. (3) Social data may only be collected without the participation of the person concerned, if:

1.

a statutory provision prescribates or permits or

2.

it is not possible for the data subject to be collected, or the task of the person concerned is required to be collected by others, but knowledge of the data is necessary for:

a)

the determination of the conditions or the performance of a performance in accordance with this book; or

b)

the determination of the conditions for the reimbursement of a benefit in accordance with § 50 of the Tenth Book or

c)

the performance of a task in accordance with § § 42 to 48a and § 52 or

d)

the performance of the protection order in the case of child welfare pursuant to § 8a or

3.

the survey would require a disproportionate effort on the part of the person concerned and there is no evidence that the interests of the person concerned are adversely affected, or

4.

the survey would seriously endanger access to aid to the person concerned.

(4) If the person concerned does not simultaneously participate in the performance or otherwise in the performance, the data may also be collected in the case of the person entitled to benefit or another person who is otherwise involved in the performance, if the knowledge of the Data is necessary for the provision of a service according to this book. Sentence 1 shall apply in the performance of other tasks within the meaning of Article 2 (3). Unofficial table of contents

§ 63 Data retention

(1) Social data may be stored in so far as this is necessary for the performance of the respective task. (2) Data collected for the performance of different tasks of the public youth assistance may only be brought together, if and as long as this is necessary because of a direct factual relationship. Data intended for performance purposes within the meaning of § 2 (2) and data collected for other tasks within the meaning of Article 2 (3) may only be brought together to the extent that this is necessary for the performance of the respective task. Unofficial table of contents

Section 64 Data transfer and use

(1) Social data may be transmitted or used for the purpose for which they have been collected. (2) By way of derogation from paragraph 1, a transmission for the performance of tasks pursuant to § 69 of the Tenth Book shall only be permitted, insofar as this is the result of success. (2a) Before submitting to a professional who does not belong to the responsible body, the social data shall be anonymized or pseudonymized to the extent that the performance of the task is (3) Social data may be used by the public youth assistance institution for the purpose of planning are stored or used in the sense of § 80; they are to be anonymized without delay. Unofficial table of contents

Section 65 Special protection of the trust in personal and educational assistance

(1) Social data entrusted to the employee of a public youth welfare institution for the purpose of personal and educational assistance may only be disclosed by the latter.

1.

with the consent of the person who has entrusted the data, or

2.

the family court for the performance of the tasks referred to in Article 8a (2) if, in the absence of such communication, a judicial decision necessary for the provision of benefits is not provided for the benefit of a child or of a young person without such communication could be made possible, or

3.

the employee who is responsible for the granting or the provision of the service on the basis of a change of case competence in the youth welfare office or a change of local jurisdiction where there is evidence of a risk to the child's child , and the data are necessary for an assessment of the risk of danger, or

4.

to the experts who are involved in the assessment of the risk of danger in accordance with § 8a; § 64 paragraph 2a shall remain unaffected; or

5.

under the conditions under which one of the persons referred to in Article 203 (1) or (3) of the Penal Code would be empowered to do so.

If the employee continues to give social data entrusted to the employee, they may only be passed on by the recipient for the purpose for which he has been authorized to do so. (2) § 35 (3) of the First Book also applies to the extent that an internal ban on forwarding to the public authorities has been prohibited. Paragraph 1. Unofficial table of contents

§ 66 (omitted)

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§ 67 (omitted)

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Section 68 Social data in the area of co-state, amphlegation and the official premidities

(1) The official or employee who is entrusted with the exercise of the State, official or official authority may only collect and use social data to the extent that this is necessary for the performance of his duties. The use of these social data for the purpose of supervision, control or auditing by the authorities responsible for this purpose and the transmission to it is permissible with regard to the individual case. (2) For the erasure and blocking of the data § 84 applies Paragraph 2, 3 and 6 of the Tenth Book accordingly. (3) Those who confessed to countenance, county or county county, shall have the right to complete the 18. Life-year a right to knowledge of the information stored on his/her person, insofar as there are no legitimate interests of third parties. Before completion of the 18. The stored information can be disclosed to him in so far as he has the required classification and judgment and does not stand in the way of any legitimate interests of third parties. In addition, the parent who has applied for the assistance has a right to knowledge of the stored data, as long as the young person is a minor and the parent is entitled to a claim. (4) Persons or bodies to whom social data have been transmitted may only use them for the purpose for which they have been authorized to them under paragraph 1. (5) paragraphs 1 to 4 shall apply to the activities of the Jugendamt as a counterguardian. accordingly.

Fifth chapter
Support for youth assistance, cooperation, overall responsibility

First section
Support for public youth assistance

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Section 69 Support for youth welfare, youth offices, Landesjugendämter (youth welfare offices)

(1) The institutions of public youth assistance shall be determined by the law of the country. (2) (3) For the performance of the tasks according to this book, each local institution shall establish a youth welfare office, each local institution shall establish a State Youth Welfare Office. (4) Several Local institutions and a number of local authorities may, even if they belong to different countries, set up joint facilities and services for the implementation of individual tasks.

Footnote

§ 69 para. 3 idF d. Bek. v. 14.12.2006 I 3134: Niedersachsen-Deviation by Section 9 (2) Act concerning the implementation of the Children's and Youth Aid Act (KJHGAG ND) idF d. Art. 12 G v. 15.12.2006, GVBl Nds 2006, 597 mWv 1.1.2007 (cf. BGBl I 2009, 463) Unofficial table of contents

Section 70 Organisation of the Youth Welfare Office and the Youth Welfare Office

(1) The duties of the Youth Welfare Office shall be carried out by the Youth Assistance Committee and by the administration of the Youth Welfare Office. (2) The operations of the current administration in the field of public youth assistance shall be managed by the Head of Administration of the The local authority, or on its behalf, led by the head of the administration of the Youth Welfare Office within the framework of the statutes and decisions of the representative body and the Youth Assistance Committee. (3) The duties of the State Youth Welfare Office shall be carried out by the State Youth Assistance Committee and through the administration of the State Youth Welfare Office within the framework of the Articles of Association and the funds made available to the State Youth Welfare Office. The operations of the current administration are conducted by the head of the administration of the State Youth Welfare Office within the framework of the statutes and decisions of the State Youth Assistance Committee. Unofficial table of contents

Section 71 Youth Aid Committee, State Youth Aid Committee

(1) The Youth Assistance Committee shall be deemed to be voting members

1.

three fifths of the proportion of the votes cast by members of the representative body of the public youth welfare institution or women and men who have been elected in the youth assistance system;

2.

with two fifths of the share of the votes of women and men elected by the representative body on a proposal by the representative bodies of the free youth aid acting in the field of public support; proposals by youth associations and the charitable associations shall be duly taken into account.

(2) The Youth Assistance Committee shall deal with all matters of youth assistance, in particular with:

1.

the discussion of the current problems faced by young people and their families, as well as suggestions and proposals for the further development of youth assistance,

2.

of youth welfare planning and

3.

the promotion of free youth assistance.

(3) It has a right of decision in matters relating to youth assistance in the context of the resources provided by the representative body, the statutes which it has adopted and the decisions taken by it. It is to be heard before any decision-making by the representative body on questions of youth assistance and before the appointment of a head of the youth welfare office and has the right to submit applications to the representative body. It shall meet as required and shall be convened at the request of at least one fifth of the eligible voters. Its meetings are public, unless the good of the general public, the legitimate interests of individual persons or groups in need of protection are in conflict. (4) The State Youth Assistance Committee includes two fifths of the proportion of the vote women and men to be appointed by the supreme state youth authority on the basis of a proposal from the recognised free youth welfare institution, acting in the area of the Youth Welfare Office of the State of Youth. The remaining members shall be determined by national law. Paragraph 2 shall apply accordingly. (5) The details shall be governed by the national law. It regulates the membership of advisory members to the Youth Assistance Committee. It may be determined that the head of the administration of the local authority or the head of the administration of the youth welfare office referred to in paragraph 1 (1) is entitled to vote.

Footnote

§ 71 para. 3 idF d. Bek. v. 14.12.2006 I 3134: Baden-Württemberg-Deviation by § 2 para. 1 Children's and Youth Aid Act (KJHG BW) v. 19.4.1996 GBl BW 1996, 457 mWv 1.1.2009 (cf. BGBl I 2009, 744) Unofficial table of contents

§ 72 Staff, Training

(1) In the case of the Youth Offices and the Youth Offices of the State Youth Office, the institutions of public youth assistance shall only employ persons who are suitable for the task in question according to their personality and who have a training corresponding to this task. (skilled workers) or, due to special experience in social work, are able to carry out the task. Insofar as the respective task requires this, only skilled workers or skilled workers with appropriate additional training are to be entrusted with their perception. Experts from various disciplines are to work together as far as the respective task requires. (2) The leading functions of the Youth Welfare Office or the State Youth Welfare Office are usually to be transferred only to specialists. (3) The institutions of the Public youth assistance has to provide further training and practical advice to the employees of the Youth Welfare Office and the State Youth Welfare Office. Unofficial table of contents

Section 72a Activity exclusion of persons subject to precriminal law

(1) The institutions of public youth assistance may not employ or impart a person who is legally enforceable in respect of a criminal offence in accordance with § § 171, 174 to 174c, 176 to 180a, 181a, 182 for the purpose of carrying out the tasks in the assistance of children and young people. to 184g, 225, 232 to 233a, 234, 235 or 236 of the Criminal Code. To this end, they should submit a certificate of management according to § 30 (5) and § 30a (1) of the Federal Central Register Act (Bundeszentralregistergesetz) at regular intervals by the persons concerned. (2) The institutions of the (3) The institutions of the European Union shall, by means of agreements with the institutions of free youth assistance, ensure that they do not employ any person who has been convicted of a criminal offence under the first sentence of paragraph 1. (3) Public youth aid should ensure that under their responsibility no- or an honorary person who has been convicted of an offence referred to in the first sentence of paragraph 1 and who, in the course of the duties of child and youth assistance, supervises, supervises, educates, educates or trains children or young people, or comparable contact. To this end, the public youth aid institutions should decide on the activities carried out by the persons referred to in the first sentence on the basis of the nature, intensity and duration of the contact of such persons with children and young people only after inspection in the certificate referred to in the second sentence of paragraph 1 may be exercised. (4) The institutions of public youth assistance shall ensure, by means of agreements with the institutions of the free youth assistance and with associations within the meaning of section 54, that the institutions shall ensure that the Responsibility No person working alongside or volunteer who is responsible for an offence referred to in paragraph 1 Sentence 1 has been legally convicted, supervised, supervised, educated or trained, or has a comparable contact in the performance of children's and youth assistance duties. To this end, the public youth assistance institutions shall conclude agreements with the institutions of the free youth assistance on the activities carried out by the persons referred to in the first sentence, on the basis of the nature, intensity and duration of the contact of such persons with the aid of: Children and young people may be taken into the certificate referred to in the second sentence of paragraph 1 only after inspection. (5) Public and free youth assistance shall be subject to the data provided pursuant to paragraphs 3 and 4 only by the fact that: Inspection of a certificate, the date of the certificate and the date of the certificate provide information as to whether the person concerned has been convicted of an offence referred to in the first sentence of paragraph 1 of this Article. The institutions of public and free youth assistance may only store, modify and use these data collected, in so far as this is to the exclusion of the persons from the activity which has given rise to the inspection of the certificate of management; is required. The data shall be protected from access by unauthorized persons. They shall be deleted immediately if, following the inspection, no action is taken pursuant to the second sentence of paragraph 3 or the second sentence of paragraph 3. Otherwise, the data shall be deleted no later than three months after the end of such activity.

Second section
Cooperation with the free youth aid, volunteer work

Unofficial table of contents

Section 73 volunteer work

In the youth welfare service, volunteers are to be guided, advised and supported in their activities. Unofficial table of contents

Section 74 Promotion of free youth assistance

(1) The promoters of public youth assistance shall encourage voluntary activity in the field of youth assistance, and shall encourage them if the institution concerned is to:

1.

meets the technical requirements for the planned measure and ensures compliance with the principles and standards of quality development and quality assurance in accordance with § 79a,

2.

provides the guarantee for the appropriate and economic use of the funds,

3.

charitable objectives,

4.

a reasonable level of self-sufficient performance, and

5.

the guarantee of a work conducive to the objectives of the Basic Law.

As a rule, a period of support is conditional upon recognition as a bearer of the free youth assistance according to § 75. (2) As far as the provision of services, services and events is provided by the free youth assistance, in order to grant benefits according to this book, the promotion may be made conditional on the willingness to offer these facilities, services and events in accordance with the planning of the youth assistance and in accordance with the principles set out in § 9. Section 4 (1) shall remain unaffected. (3) The institution of the public youth assistance shall decide on the nature and amount of the assistance in accordance with the budgetary resources available in accordance with the appropriate budgetary authority. The same applies if several applicants meet the eligibility requirements and the measures they provide for are the same, but only one measure is necessary to satisfy the requirements. The different financial strength and the other circumstances must be taken into account in the calculation of the intrinsic performance. (4) In the case of measures which are otherwise equally appropriate, preference should be given to those who are more closely involved in the interests of the parties concerned. (5) In the case of the promotion of similar measures undertaken by several institutions, the same principles and standards shall be applied, taking account of their own benefits. Where similar measures are carried out by the free and the public youth assistance, the promotion of the principles and standards applicable to the financing of public youth assistance measures shall be applied. (6) The promotion of The aim of the programme is to provide support for the establishment and maintenance of youth education and youth training centres for young people, as well as in the field of youth work, as well as in the field of youth work. . Unofficial table of contents

Section 74a Financing of day-care facilities for children

The funding of day-care facilities regulates the country's law. In doing so, it is possible to promote all carriers of facilities which meet the legal and technical requirements for the operation of the facility. The collection of participation fees in accordance with § 90 shall remain unaffected. Unofficial table of contents

Section 75 Recognition as a bearer of free youth assistance

(1) Legal persons and associations of persons may be recognised as carriers of free youth assistance if they:

1.

are active in the field of youth assistance within the meaning of § 1,

2.

to pursue non-profit objectives,

3.

expect, on the basis of technical and staffing conditions, that they will be able to make a non-essential contribution to the performance of the tasks of youth assistance; and

4.

to provide a guarantee for a work conducive to the objectives of the Basic Law.

(2) Under the conditions laid down in paragraph 1, a person who has been active in the field of youth assistance for at least three years shall be entitled to receive recognition as a institution of the free youth assistance. (3) The churches and religious communities of the public On the right, as well as the associations of the free welfare state, which are united at the federal level, are recognized carriers of the free youth assistance. Unofficial table of contents

Section 76 Participation of recognised bodies of free youth assistance in the exercise of other tasks

(1) The promoters of public youth assistance may take part in the performance of their duties in accordance with § § 42, 43, 50 to 52a and 53 (2) to (4) or carry out these tasks for execution in the performance of their duties. (2) The public youth welfare institution shall remain responsible for the performance of the tasks. Unofficial table of contents

Section 77 Agreements on the amount of costs

Where facilities and services are used by the institutions of the free youth assistance, agreements shall be sought on the level of the costs of recourse to youth assistance between the public and the free youth. The details are governed by the law of the country. § § 78a to 78g shall remain unaffected. Unofficial table of contents

§ 78 Working groups

The aim of public youth aid is to promote the formation of working groups, in which, in addition to them, they represent the recognised institutions of free youth assistance and the support of the measures supported by them. The aim of the working groups is to ensure that the planned measures are coordinated and mutually complementary.

Third Section
Agreements on services, fees and quality development

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Section 78a Scope

(1) The regulations of § § 78b to 78g shall apply to the provision of

1.

Services for care and accommodation in a social pedagogically accompanied form (§ 13 (3)),

2.

Benefits in common forms of residence for mothers/fathers and children (§ 19),

3.

Benefits in support of the necessary accommodation of the child or young person for the fulfilment of compulsory schooling (§ 21 sentence 2),

4.

Aid for education

a)

in a group of the day (§ 32),

b)

in a home or other assisted living form (§ 34) as well as

c)

in intensive social pedagogical support (§ 35), provided that it is carried out outside of the family's own family,

d)

in other sub-station or stationary form (§ 27),

5.

Integration assistance for children and young people with mental disabilities in

a)

other sub-stationary institutions (Article 35a (2) (2) (2), second alternative),

b)

Facilities for day and night as well as other forms of housing (Article 35a (2) (4)),

6.

Assistance for young adults (§ 41), provided that they correspond to the benefits referred to in paragraphs 4 and 5, and

7.

Subsisting services (§ 39), provided that they are granted in connection with the services referred to in points 4 to 6; § 39 (2) sentence 3 shall remain unaffected.

(2) Land law may stipulate that § § 78b to 78g shall also apply to other benefits under this book as well as to provisional measures for the protection of children and adolescents (§ 42). Unofficial table of contents

Section 78b Conditions for the acquisition of the benefit

(1) Where the service is provided in whole or in part in a body, the institution of the public youth assistance shall be obliged to take over the remuneration in relation to the person entitled to benefit, if the institution or its association is responsible for the payment of the benefit. Agreements on

1.

Content, scope and quality of service offerings (performance agreement),

2.

differentiated charges for the service provision and the necessary investments (remuneration agreement); and

3.

Principles and standards for the evaluation of the quality of service offerings and the appropriate measures to ensure their guarantee (quality development agreement)

(2) The agreements shall be concluded with the institutions which, taking into account the principles of efficiency, cost-effectiveness and economy, are appropriate for the performance of the performance. Agreements on the provision of assistance for education abroad may only be concluded with those institutions which:

1.

recognised support for youth assistance or the institution of an institution in the country which is subject to a permit, in which assistance is provided for education,

2.

with the provision of such aid, only professionals within the meaning of section 72 (1) of this Directive

3.

provide the guarantee that they comply with the legislation of the country of residence and cooperate with the authorities of the country of residence and the German representations abroad.

(3) If one of the agreements referred to in paragraph 1 is not concluded, the institution of the public youth assistance shall be obliged to take over the benefit of the benefit only if this is necessary, in particular in accordance with the assistance planning (§ 36), in individual cases. Unofficial table of contents

Section 78c Content of the performance and pay agreements

(1) The performance agreement shall have the essential performance characteristics, in particular:

1.

the nature, objective and quality of the service provision;

2.

the group of persons to be cared for in the institution;

3.

the necessary material and personnel equipment,

4.

the qualifications of the staff and

5.

the equipment necessary for the establishment of the facility

. The agreement shall include the conditions under which the institution of the institution undertakes to provide services. The institution must ensure that the services provided for the provision of services in accordance with Section 78a (1) are appropriate and adequate, appropriate and cost-effective. (2) The fees must be effective. The basis of the remuneration agreement is the performance and quality characteristics set out in the performance and quality development agreements. An increase in the remuneration for investments can only be required if the competent institution of the public youth assistance has previously agreed to the investment measure. Subsidies from public funds are to be expected. Unofficial table of contents

Section 78d Agreementperiod

(1) The agreements referred to in § 78b (1) shall be concluded for a future period of time (agreement period). (2) The agreements shall enter into force at the date specified therein. If a date is not determined, the agreements shall take effect with the date of their conclusion. An agreement that is effective before this date shall not be accepted; this shall not apply to agreements before the Arbitration Office for the period following the receipt of the application to the Arbitration. At the end of the agreement period, the agreed remuneration shall continue to apply until new agreements enter into force. (3) In the event of unforeseeable substantial changes in the assumptions underlying the pay agreement, the charges shall be: to renegotiate at the request of a Contracting Party for the current agreement period. Paragraphs 1 and 2 shall apply in accordance with. (4) Agreements on the provision of benefits under Section 78a (1), which have been concluded before 1 January 1999, shall continue to apply until new agreements enter into force. Unofficial table of contents

Section 78e Local competence for the conclusion of agreements

(1) Unless otherwise determined by national law, the local institution of the youth assistance is responsible for the conclusion of agreements pursuant to Section 78b (1), in the area of which the institution is situated. The agreements concluded by this institution are binding on all local institutions. (2) Where services are provided in the institution for which a different local institution is primarily responsible, the competent authority referred to in paragraph 1 shall be responsible for the provision of services. (3) Local level associations at the national level and associations of the institutions of the free youth aid as well as associations of other service providers in the respective country can have regional or national commissions. . On behalf of the members of the associations and associations referred to in the first sentence, the Commissions may conclude agreements pursuant to Section 78b (1). National law may provide for the participation of the competent authority responsible for the performance of the tasks referred to in Article 85 (2) (5) and (6). Unofficial table of contents

Section 78f Framework contracts

The local authorities at the national level conclude framework agreements with the associations of the providers of the free youth aid and the associations of other service providers at the country level on the content of the agreements in accordance with § 78b (1). The competent authorities responsible for the performance of the tasks referred to in Article 85 (2) (5) and (6) shall be involved. Unofficial table of contents

§ 78g Arbitration

(1) In the case of the countries, arbitration shall be established for cases of dispute and conflict. They shall be filled with a non-partisan chairman and with an equal number of representatives of the public youth assistance institutions and representatives of the institutions of the institutions. The time spent by the members shall be reimbursed and reimbursable expenses. Fees may be levied for the use of the arbitrators. (2) If an agreement under Section 78b (1) does not materiate within six weeks after a party has requested in writing for negotiations, the At the request of a party, an arbitration body shall immediately inform the arbitrator of the items on which no agreement could be reached. The decision is the legal way to the administrative courts. The action is directed against either of the Parties, not the arbitration body. It is not necessary to review the decision in a preliminary procedure. (3) Decisions of the arbitral body shall enter into force at the date specified therein. If a date for entry into force is not determined, the parties to the arbitration shall take effect on the date on which the application has been received by the arbitral body. It is not permissible to fix a remuneration which is due to be returned before this date. In addition, Section 78d (2), fourth sentence, and paragraph 3 shall apply accordingly. (4) The State Governments shall be empowered to determine, by means of a legal regulation, the further details of:

1.

the establishment of the arbitration bodies;

2.

the number, the appointment, the term of office and the official management of its members,

3.

the reimbursement of the expenses and the compensation for their time spent;

4.

the management, the procedure, the collection and the level of fees, and the distribution of costs and

5.

legal supervision.

Fourth Section
Overall responsibility, youth welfare planning

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Section 79 Total responsibility, basic equipment

(1) The institutions of public youth assistance have overall responsibility, including responsibility for planning, in order to fulfil the tasks of this book. (2) The public youth assistance institutions should ensure that they are fulfilled. Tasks according to this book

1.

the necessary and appropriate facilities, services and events are available in good time and in sufficient time to the various basic directions of education, including, in particular, carers, preconsals and Caregiers;

2.

a continuous quality development is carried out in accordance with § 79a.

Of the funds allocated to youth assistance, they have an adequate share of youth work. (3) The public youth welfare institutions have to provide adequate facilities for the youth welfare offices and the youth welfare offices. , including a number of skilled workers, as appropriate. Unofficial table of contents

§ 79a Quality development in children's and youth welfare

In order to fulfil the tasks of child and youth assistance in accordance with § 2, the institutions of the public youth welfare system shall have principles and standards for the evaluation of the quality, as well as appropriate measures to ensure that they are guaranteed for

1.

the provision and provision of services,

2.

the performance of other tasks,

3.

the process of risk assessment in accordance with § 8a,

4.

Cooperation with other institutions

develop, apply and regularly review. This includes quality features for safeguarding the rights of children and young people in institutions and their protection against violence. The public youth assistance institutions shall be guided by the technical recommendations of the competent authorities in accordance with Article 85 (2) and on the principles and standards already applied for the evaluation of the quality and the measures to be taken in respect of their quality. Warranty. Unofficial table of contents

§ 80 Youth Aid Planning

(1) In the context of their planning responsibility, the institutions of public youth assistance shall be responsible for:

1.

to identify the existence of facilities and services;

2.

identify the needs, taking into account the wishes, needs and interests of young people and persons entitled to pay for a medium-term period, and

3.

to plan, in good time and in sufficient time, the projects necessary to meet the needs, with a view to ensuring that an unforeseen need is also met.

(2) Facilities and services shall be planned in such a way as to ensure that:

1.

to be able to maintain and maintain contacts in the family and in the social environment,

2.

ensure the most effective, varied and coordinated offer of youth assistance,

3.

young people and families in at-risk living and living areas are particularly encouraged,

4.

Mothers and fathers are better able to reconcile work in the family and in the labour market.

(3) The institutions of public youth assistance shall take part in all phases of their planning in an early stage to the recognised institutions of free youth assistance. For this purpose, they shall be heard by the Youth Assistance Committee, as far as they are active, within the framework of the youth assistance planning of the local institution, by the State Youth Assistance Committee. (4) The promoters of public youth assistance should ensure that the planning of youth assistance and other local and local planning are coordinated with each other and that the planning as a whole should be adapted to the needs of young people. and to take account of the interests of young people and their families. Unofficial table of contents

Section 81 Structural cooperation with other bodies and public bodies

The public youth assistance institutions shall have other bodies and public bodies whose activities have an impact on the living conditions of young people and their families, in particular with:

1.

the institutions of social benefits after the Second, Third, Fourth, Fifth, Sixth and the Twelfth Book, as well as institutions of benefits under the Federal Law of Supply,

2.

the family and youth courts, the public prosecutors and the law enforcement authorities,

3.

Schools and departments of the school administration,

4.

bodies and bodies of the public health service and other health services and services,

5.

the counselling centres in accordance with § § 3 and 8 of the Pregnancy Conflict Act and addiction advisory bodies,

6.

Institutions and services to protect against violence in close social relations,

7.

the agencies of the Federal Employment Agency,

8.

Institutions and bodies of vocational education and training,

9.

the police and regulatory authorities,

10.

the Trade View and

11.

Training for professionals, continuing education and research

to cooperate within the framework of their duties and powers.

Sixth chapter
Central tasks

Unofficial table of contents

Section 82 Tasks of the Länder

(1) The supreme state youth authority has to encourage and promote the activities of public and free youth welfare institutions and the development of youth assistance. (2) The countries have a balanced expansion of the institutions and the To assist in the performance of their duties and to assist the Youth Offices and Youth Offices. Unofficial table of contents

§ 83 Tasks of the Federal Government, Federal Youth Board

(1) The competent supreme federal authority is to encourage and promote the activities of youth assistance, insofar as it is of supraregional importance and its kind cannot be effectively promoted by a country alone. This includes the over-regional activities of the youth organisations of the political parties in the field of youth work. (2) The Federal Government is to be asked by a panel of experts on fundamental issues of youth assistance. (Bundesjugendkuratorium). The Federal Government is regulated by administrative provisions. Unofficial table of contents

Section 84 Youth Report

(1) The Federal Government shall submit a report to the German Bundestag and the Bundesrat in each parliamentary term on the situation of young people and on the aspirations and achievements of youth assistance. In addition to the inventory and analysis, the reports are intended to include proposals for the further development of youth assistance; each third report is intended to provide an overview of the overall situation of youth welfare assistance. (2) The Federal Government is responsible for the The preparation of the reports shall be drawn up by a Commission composed of at least seven experts (the Commission of the Youth Report). The Federal Government is adding an opinion with the conclusions it considers necessary.

Seventh chapter
Jurisdiction, reimbursement of expenses

First section
Objective competence

Unofficial table of contents

Section 85 Sachliche jurisdiction

(1) The local institution shall be responsible for the granting of benefits and the performance of other tasks in accordance with this book, unless the local institution is competent to do so. (2) The local institution shall be responsible for the granting of benefits and for the purpose of carrying out other tasks. (2)

1.

advising the local authorities and developing recommendations to carry out the tasks of this book,

2.

the promotion of cooperation between the local authorities and the recognised bodies of free youth assistance, in particular in the planning and securing of a supply of aid to education, integration aid for the mental health sector disabled children and young people and assistance for young adults,

3.

the stimulation and promotion of facilities, services and events, as well as their creation and operation, in so far as they exceed local requirements, in particular those offering school or vocational training, and youth education centres,

4.

the planning, stimulation, promotion and implementation of pilot projects for the further development of youth assistance,

5.

advising the local authorities in the provision of assistance in accordance with § § 32 to 35a, in particular in the selection of a facility or placement of a caregider in difficult individual cases,

6.

the performance of the tasks for the protection of children and young people in institutions (§ § 45 to 48a),

7.

advising the institutions of bodies during the planning and management of operations;

8.

the training of employees in the youth welfare system,

9.

the granting of benefits to Germans abroad (Article 6 (3)), in so far as this is not the continuation of a performance already granted in Germany,

10.

the granting of a permit to take over a deposit or guardianship by means of a legally competent association (§ 54).

(3) In the local area, the tasks referred to in paragraph 2 (3), (4), (7) and (8) may also be carried out by the local institution. (4) The provisions of the national law applicable on the date of the entry into force of this Act shall remain unaffected by the provisions of the law applicable to the local area. § § 45 to 48a of certain tasks, including the related tasks referred to in paragraph 2 (2) to (5) and (7) central state authorities, or, in so far as they relate to kindergartens and other daycare facilities for children, lower national authorities (5) If the country is a national institution, it is possible to do so by national law until 30 June. In 1993, individual tasks are transferred to other bodies of public law which are not carriers of public youth assistance.

Footnote

§ 85 para. 1 idF d. Bek. v. 11.9.2012 I 2022: Bayern-Deviation by Art. 24 (2), first sentence, Law on the implementation of social legislation (AGSG) v. 8.12.2006 (GVBl S. 942, BayRS 86-7-A) idF d. G v. 24.6.2013 (GVBl p. 385) mWv 16.7.2013 (cf. BGBl. I 2014, 47)

Second section
Local competence

First subsection
Local competence for services

Unofficial table of contents

§ 86 Local responsibility for services to children, young people and their parents

(1) The granting of benefits in accordance with this book shall be the responsibility of the local institution in whose area the parents have their habitual residence. The mother shall replace the parent if and as long as the fatherhood is not recognised or has been established by the courts. If only one parent lives, his habitual residence is decisive. (2) If the parents have different habitual residence, the local institution is responsible, in the area of which the parent who is entitled to the staff is his or her habitual residence. This shall apply even if individual matters are withdrawn from the person's orders. If, in the case of sentence 1, the person's order is common to the parents, the responsibility for the habitual residence of the parent in which the child or the young person last his or her habitual residence before the commencement of the performance shall be determined by the parent's habitual residence shall be had. If, in the case of sentence 2, the child or the young person last had his habitual residence with both parents, the responsibility for the habitual residence of the parent, in which the child or the young person was born before the start of the sentence, is determined by the child's habitual residence. of the performance last had his actual stay. If, in the case of the second sentence, the child or the young person has had no habitual residence for any parent during the last six months prior to the commencement of the performance, the local institution in whose area the child or young person shall be responsible shall be responsible for: prior to the commencement of the service, the child or young person has had no habitual residence during the last six months, the responsibility for the actual stay of the child shall be determined; or of the young person before the commencement of performance. (3) Do not have the parents (4) If the parents or the parent referred to in paragraphs 1 to 3 do not have a habitual residence in the country, or if the parent is not a parent, the parent or the parent shall not be subject to a normal stay. the habitual residence of the child or of the young person shall be the responsibility of the habitual residence of the child or of the young person prior to the commencement of the service. If the child or young person has not been habituated during the last six months prior to the commencement of the performance, the local institution in whose area the child or the young person is in fact before the commencement of the performance shall be the competent authority. (5) if, at the beginning of the performance, the parents have different habitual residence, the local institution in whose area the parent who is entitled to a person is habituated shall be responsible; this shall also apply: if individual matters are withdrawn from the person's orders. As long as the two parents in these cases are jointly or not members of the parent, the current responsibility remains. (6) Lives a child or a young person for two years in the case of a carer and his whereaby is to be expected in the long term, or, by way of derogation from the provisions of paragraphs 1 to 5, the local institution shall be responsible, in the area of which the caring person has his habitual residence. He/she has the parents and, if the parent is not or only partially entitled, to inform the person entitled to the person about the change of responsibility. If the residence ends with the carer, the responsibility for the benefits shall end in accordance with the first sentence. (7) The local institution responsible for the provision of services to children or young people who are seeking asylum or who has lodged an application for asylum shall be the responsibility of the local institution in the area of which the person concerned is responsible. If the person is in fact staying before the commencement of the service; if the benefit is subject to an impoverishment, the jurisdiction based on § 87 shall remain. Where the person is subject to a distribution procedure, the local authority shall be subject to the allocation decision of the competent State authority and, in the case of the allocation decision, sentence 1 shall apply accordingly. The local competence established in accordance with the first or second sentence shall continue to exist even after the asylum procedure has been completed until the person determining the local jurisdiction has a habitual residence in the area of another Support for public youth assistance. An interruption of the performance of up to three months shall be disregarded. Unofficial table of contents

§ 86a Local competence for benefits to young adults

(1) In the case of benefits to young adults, the local institution in whose area the young full-year old age has his habitual residence before the commencement of performance is responsible. (2) Does the young full-year old age in a facility or other form of residence , which is used for education, care, care, treatment or the execution of the prison, the local jurisdiction shall be governed by the habitual residence prior to admission to a body or other form of residence. (3) The young full-year-old shall not have any habitual residence, the competence shall be determined by its actual stay at the date referred to in paragraph 1; paragraph 2 shall remain unaffected. (4) shall be subject to a performance pursuant to section 13 (3) or to § 21 of the completion of the 18. In addition, or if the assistance to young adults in accordance with § 41 is one of these benefits, a performance in accordance with § 19 or assistance in accordance with § § 27 to 35a, the local institution shall remain in charge of the assistance up to this point in time. has been responsible. An interruption of the assistance of up to three months shall be disregarded. Sentences 1 and 2 shall apply mutatily if assistance to young adults has been terminated in accordance with § 41 and if assistance is required again for young adults in accordance with § 41 within a period of three months. Unofficial table of contents

Section 86b Local competence for benefits in common forms of housing for mothers/fathers and children

(1) The local institution shall be responsible for services in common forms of accommodation for mothers or fathers and children, in the area of which the person entitled to benefit in accordance with § 19 has his habitual residence before the commencement of the performance. § 86a (2) shall apply in accordance with. (2) If the person entitled to benefit has no habitual residence, the jurisdiction shall be determined after his actual stay at the date referred to in paragraph 1. (3) The performance shall be subject to assistance in accordance with § § 27 bis (2) 35a or an achievement in accordance with § 13 (3), § 21 or § 41, the local institution responsible for this has been the responsibility of the local institution. An interruption of the assistance of up to three months shall be disregarded. Unofficial table of contents

§ 86c Continuing performance obligation and case transfer in the event of a change of competence

(1) In the case of a performance, the local institution responsible for the performance of the service shall remain committed to the granting of the service until the local institution which has now been responsible shall continue to perform the service. The latter has to ensure that the assistance process and the aid objectives agreed in the context of the aid planning are not jeopardised by the change of competence. (2) The local institution, which is informed of the circumstances, which is the change of the The Commission shall immediately inform the other of the responsibility of the competent authority. The local institution which has so far been responsible shall, without delay, forward to the competent local institution the social data relevant to the granting of assistance and to the exchange of responsibilities. In the case of continuation of services which are subject to the assistance planning according to § 36 paragraph 2, the case responsibility is to be handed over in the context of a call. The persons entitled to personal rights and the child or young person, as well as the young full-year old age or the person entitled to benefit according to § 19, shall be appropriately involved in the handover. Unofficial table of contents

Section 86d obligation on provisional action

If the local authority is not established or if the local institution concerned does not act, the local institution shall be obliged to act on a provisional basis, in the area of which the child or young person, the young adult or the young person in the case of a child or child, Benefits in accordance with § 19 of the eligible persons shall actually be held before the commencement of the service.

Second subsection
Local competence for other tasks

Unofficial table of contents

Section 87 Local competence for provisional measures for the protection of children and young people

The local institution, in whose area the child or the young person actually stops before the measure begins, is responsible for the taking of a child or a young person (§ 42). Unofficial table of contents

§ 87a Local authority for authorisation, reporting requirements and subsaiding

(1) The local institution responsible for the granting of the care permit and its withdrawal or revocation (§ § 43, 44) is responsible for the care person's habitual residence. (2) For the granting of permission to operate a (§ 45 (1) and (2), § 48a), the local examination (§ § 46, 48a), the receipt of notifications (§ 47 (1) and (2), § 48a) and the Exception to the obligation to notify (Section 47 (3), § 48a) as well as the inaction of further employment of the Head of staff (§ § 48, 48a) is the local institution or authority which is responsible under national law, in whose area the institution or other form of residence is situated. (3) For participation in the local authority Examination (§ § 46, 48a) is the responsibility of the local institution in whose area the institution or the self-employed other form of housing is situated. Unofficial table of contents

§ 87b Local competence for participation in judicial proceedings

(1) § 86 (1) to (4) shall apply to the jurisdiction of the Jugendamt for participation in judicial proceedings (§ § 50 to 52). For participation in the proceedings under the Juvenile Justice Act against a young person, who at the beginning of the proceedings the 18. § 86a (1) and (3) shall apply accordingly. (2) The jurisdiction established in accordance with paragraph 1 shall remain until the conclusion of the procedure. If a juvenile or a young adult has spent the last six months in a procedure under the law on juvenile justice in a law enforcement institution before the end of the procedure, the responsibility shall also take place after the dismissal of the proceedings the institution shall continue until the young person or young adult has established a new habitual residence, but not until six months after the date of dismissal. (3) The local competence shall not be fixed or the competent local institution shall not act, paragraph 86d shall apply mutatily. Unofficial table of contents

§ 87c Local competence for the county, the official fraternity, the official county and the attestation according to § 58a

(1) For the guardianship according to § 1791c of the Civil Code, the Jugendamt is responsible, in the area of which the mother has her habitual residence. If the fatherhood has been removed by challenge in accordance with Section 1592 (1) or (2) of the Civil Code, the habitual residence of the mother shall be decisive at the time when the decision becomes final. If a habitual residence of the mother is not established, the local jurisdiction shall be determined after their actual stay. (2) As soon as the mother takes her habitual residence in the area of another Jugendamt, that shall be In the case of the Jugendamt of the other area, leading youth welfare office to apply for the continuation of the official guardianship; the request may also be submitted by the other youth welfare office, by each parent and by anyone who has a legitimate interest of the A child or a young person in which the premier is the leading Jugendamt. The guardianship goes on with the declaration of the other youth welfare office. The issuing Jugendamt shall immediately inform the family court and any parent. The family court can be appealed against the rejection of the application. (3) The Jugendamt is responsible for the parish or guardianship, which is due to the appointment of the family court, in the area of which the child or the young person is habitual residence. If the child or the young person has no habitual residence, the responsibility for his/her actual stay at the time of the appointment shall be determined. As soon as the child or young person changes his or her habitual residence or, in the case of sentence 2, the child or young person requires it, the Jugendamt has to submit a request for dismissal at the family court. The sentences 1 to 3 apply to the counterguardianship of the Jugendamt. (4) The Jugendamt is responsible for the guardianship, which occurs in the context of the procedure for acceptance as a child, in the area of which the receiving person is habituated. (5) For the advice and assistance according to § 52a and for the assistance, the first sentence of the first sentence of paragraph 1 and 3 shall apply accordingly. As soon as the parent who is solely responsible for custody takes his habitual residence in the area of another Jugendamt, the youth welfare office at the Youth Welfare Office of the other part of the Board of Jugendamt has to continue the continuation of the assistance Paragraph 2, second sentence, and § 86c shall apply accordingly. (6) For the issue of the certificate referred to in § 58a (2), paragraph 1 shall apply accordingly. The communications pursuant to § 1626d (2) of the Civil Code, the communications pursuant to Section 155a (3) sentence 3 and the second sentence of paragraph 5 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction, and the Notifications pursuant to § 50 (3) shall be sent to the Youth Welfare Office responsible for the place of birth of the child or of the young person; § 88 (1) sentence 2 shall apply accordingly. The Jugendamt, responsible in accordance with the second sentence, shall, at the request of the Jugendamt, inform the Jugendamt, in accordance with the first sentence, whether there are any entries in the custody register. Unofficial table of contents

§ 87d Local competence for further duties in the guardianship

(1) In order to carry out the tasks in accordance with § 53, the local institution in whose area the carer or guardian has his habitual residence is responsible. (2) For the granting of a permit to take over parishes or guardianship by a legal association (§ 54) is responsible for the local institution in whose area the club has its seat. Unofficial table of contents

§ 87e Local competence for certification and certification

The person responsible for the certificates and certifications according to § 59 shall be responsible for any Jugendamt.

Third Subsection
Local jurisdiction when staying abroad

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§ 88 Local responsibility for staying abroad

(1) The granting of benefits for young people abroad is the responsibility of the local institution in whose field the young person is born. If the place of birth is abroad or if it is not to be determined, then the Land of Berlin is responsible. (2) If the youth assistance has already been provided before the departure, the local institution which has been active so far remains responsible; a The interruption of the assistance of up to three months remains unconsidered.

Third Section
Reimbursement of expenses

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§ 89 reimbursement of expenses in the case of a lack of habitual residence

Where the actual stay is relevant to the local jurisdiction in accordance with Articles 86, 86a or 86b, the costs incurred by a local institution shall be reimbursed by the local institution, whose area the local institution belongs to. Unofficial table of contents

§ 89a reimbursement of expenses in the event of continuous full-time care

(1) The costs incurred by a local institution pursuant to Article 86 (6) are to be reimbursed by the local institution which had previously been or would have been responsible. The obligation to reimburse the expenses remains if the care person changes his/her habitual residence or if the benefit is continued beyond the age of majority pursuant to § 41. (2) If the person concerned has been subject to the payment of costs pursuant to paragraph 1, By way of derogation from paragraph 1 of this institution, the local institution shall, during the granting of a service itself, be entitled to reimbursement of expenses against another local or local institution, or shall, by way of derogation from paragraph 1 of this Article, remain or shall be subject to the provisions of paragraph 86 ( (3) Changes to the rules of the local authorities. During the granting of the benefit referred to in paragraph 1 of the habitual residence applicable to the local jurisdiction in accordance with Article 86 (1) to (5), the local institution shall be subject to the payment of costs without the application of Article 86 (6). has become responsible. Unofficial table of contents

Section 89b Costing in the case of provisional measures for the protection of children and young people

(1) The costs incurred by a local institution in the context of the removal of children and young people (§ 42) shall be reimbursed by the local institution whose jurisdiction is justified by the habitual residence of the local institution pursuant to § 86. (2) The costs shall be reimbursed by the local institution on whose part the local institution belongs. (3) A duty to reimburse the costs referred to in paragraph 1 or 2 shall remain in force. if and as long as after the receipt of the Inobhutacceptance benefits under a jurisdiction according to § The first sentence of Article 86 (7) is to be granted. Unofficial table of contents

Section 89c Reimbursement of expenses in the event of a continuous or preliminary service obligation

(1) The costs incurred by a local institution in the context of its obligation under Section 86c shall be reimbursed by the local institution responsible for the change of local competence. Costs which a local institution has spent as part of its obligation under Section 86d shall be reimbursed by the local institution whose jurisdiction is justified by the habitual residence of the institution pursuant to § § 86, 86a and 86b. (2) The local institution shall have the right to Where the costs are incurred because the competent local institution has acted unlawfully, it shall also reimburse an amount equal to one third of the costs, but at least EUR 50. (3) The costs incurred by the local institution shall be borne by the local institution responsible for the payment of costs. the local institution which has been active in accordance with paragraph 1 of this Article. Unofficial table of contents

Section 89d Reimbursement of expenses for the granting of youth assistance after entry into the country

(1) costs incurred by a local institution shall be reimbursed by the country where:

1.

shall be granted within one month of the entry of a young person or a person entitled to benefit under § 19 of the Youth Aid, and

2.

the local jurisdiction is determined by the actual stay of that person or by the decision of the competent State authority.

The day of entry shall be the date of the crossing of the border, if it has been officially established, or the date on which the stay was first established in the country, otherwise the date of the first preliminary language at a Jugendamt. The obligation to grant according to the first sentence remains unaffected if the person seeks asylum or makes an application for asylum. (2) If the person is born domestically, the country in whose territory the person is born is subject to a refund. (3) If the person is in the If the country is born abroad, the country subject to a charge is determined by the Federal Administrative Office on the basis of a comparative stress comparison. The impact of the burden on each resident during the previous financial year

1.

by the reimbursement of costs under this provision; and

2.

the provision of services for Germans living abroad by the local institutions in the area of the respective country in accordance with § 6 (3), § 85 (2) (9)

(4) The obligation to reimburse the costs incurred shall not be required if, in the meantime, youth assistance has not been granted for a continuous period of three months. (5) Claims for reimbursement of expenses referred to in paragraphs 1 to 3 shall apply. Claims in accordance with § § 89 bis 89c and § 89e. Unofficial table of contents

§ 89e Protection of furnishing places

(1) jurisdiction shall be exercised on the basis of the habitual residence of the parents, parent, child or young person and has been established in a body, family or other form of housing which is the subject of education; Care, care, treatment or the execution of the sentence shall be made by the local institution in order to reimburse the costs in the area of which the person is habituated, before entering into a facility, another family or other form of residence. Stay had. A requirement for reimbursement based on the first sentence shall remain in force if and as long as the local jurisdiction is determined in accordance with Articles 86a (4) and 86b (3). (2) If a local institution which is subject to the payment of expenses is not available, the costs shall be: to be reimbursed by the local institution on whose part the local institution entitled to reimbursement belongs. Unofficial table of contents

Section 89f Scope of reimbursement

(1) The costs incurred shall be reimbursed to the extent that the performance of the tasks corresponds to the provisions of this Book. The principles which are applied in the field of the local institution which has become active at the time of action apply. (2) Costs of less than EUR 1 000 shall be applied only in the case of provisional measures for the protection of children and young people (§ 89b), (§ 89c) and in the case of youth assistance after entry (§ 89d) shall be reimbursed. Default interest rates cannot be requested. Unofficial table of contents

§ 89g of national legal reservation

Under national law, the tasks of the country and of the local institution can be transferred to other public bodies under this section. Unofficial table of contents

§ 89h Transitional provision

(1) The following transitional provision shall apply for the reimbursement of costs for measures of youth assistance after entry in accordance with § 89d, which began before 1 July 1998. (2) Costs, for the refund of which the Federal Administrative Office shall be reimbursed before 1 July 1998. In 1998, a competent local institution must be reimbursed in accordance with the rules in force up to that date. If the provision is made after 30 June 1998, § 86 (7), Section 89b (3), § § 89d and 89g shall apply in the version valid from 1 July 1998.

Eighth chapter
Cost-sharing

First section
Flat-rate contribution

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Section 90 Flat-rate contribution

(1) For the use of offers

1.

Youth work in accordance with § 11,

2.

the general promotion of education in the family in accordance with § 16 (1), (2) (1) and (3) and

3.

the promotion of children in day-care facilities and day-care care according to § § 22 to 24

cost contributions may be fixed. As far as the law of the country is not otherwise determined, the costs for the use of day-care facilities and day care for children are to be staggered. In particular, the income, the number of child-eligible children in the family and the daily care period can be taken into consideration as criteria. If the cost contributions are calculated on the basis of the income, the home allowance shall not be taken into consideration in accordance with the Own-Home allowance law. (2) In the cases referred to in points 1 and 2 of paragraph 1, the contribution may be made in whole or in part upon request or in part Participation at the request, in whole or in part, shall be taken over by the public youth support institution if:

1.

the burden

a)

the child or the young person and his or her parents, or

b)

the young full-age

is not to be expected, and

2.

the promotion of the development of young people is necessary.

If the child or the young person only lives with one parent, he or she shall replace the parent. (3) In the case referred to in point 3 of paragraph 1, the contribution shall be made in whole or in part upon request or a contribution shall be made at the request of the child. or be partially taken over by the public youth welfare institution if the burden is not to be attributed to the parents and the child. (4) For the determination of the reasonable burden, Sections 82 to 85, 87, 88 and 92a of the Twelfth Book shall apply mutatically, insofar as a different arrangement does not apply to national law. In the calculation of income, the home allowance under the Eigenheimzulagengesetz shall not be taken into consideration.

Second section
Cost contributions for stationary and part-time services as well as provisional measures

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Section 91 Scope

(1) Cost contributions shall be levied on the following full-time services and provisional measures:

1.

the accommodation of young people in a form of housing accompanied by a social pedagogy (Article 13 (3)),

2.

caring for mothers or fathers and children in common forms of housing (§ 19),

3.

the care and care of children in emergency situations (§ 20),

4.

support for the necessary accommodation of young people in order to fulfil compulsory schooling and the completion of school education (§ 21),

5.

the help of education

a)

in full-time care (§ 33),

b)

in a home or other assisted living form (§ 34),

c)

in intensive social pedagogical support (§ 35), provided that it is carried out outside the home,

d)

on the basis of § 27, in a stationary form,

6.

the integration assistance for children and young people with mental disabilities by suitable carers, as well as in institutions on day and night and in other forms of housing (Article 35a (2) (3) and (4)),

7.

the taking of children and young people (§ 42),

8.

Assistance to young adults, in so far as they correspond to the benefits referred to in points 5 and 6 (§ 41).

(2) Cost contributions shall be levied on the following partial inpatient services:

1.

the care and care of children in emergency situations according to § 20,

2.

Assistance for education in a group of days according to § 32 and other partial-inpatient services according to § 27,

3.

Integration assistance for children and young people with mental disabilities in day-care facilities and other sub-stationary institutions according to § 35a (2) (2) and (2)

4.

Assistance to young adults as far as they meet the benefits referred to in paragraphs 2 and 3 (§ 41).

(3) The costs also include the costs of the necessary maintenance and the hospital assistance. (4) Administrative costs shall not be taken into consideration. (5) The institutions of public youth assistance shall bear the costs of the benefits referred to in paragraphs 1 and 2. regardless of the collection of a cost contribution. Unofficial table of contents

Section 92 Structuring of the use

(1) From their income in accordance with § § 93 and 94 are to be used:

1.

children and young people at the cost of the benefits and provisional measures referred to in Article 91 (1) (1) to (7);

2.

Young adults at the cost of the benefits referred to in Article 91 (1) (1), (4) and (8),

3.

Persons entitled to benefit in accordance with § 19 at the cost of the benefits referred to in Article 91 (1) (2),

4.

Spouses and life partners of young people and persons entitled to benefit in accordance with § 19 at the cost of the benefits and provisional measures referred to in § 91 (1) and (2),

5.

Parents to the costs of the benefits and provisional measures referred to in Article 91 (1); if they live together with the young person, they shall also be taken into account at the cost of the benefits referred to in Article 91 (2).

(1a) In addition to the costs of full-time services, young adult and full-year persons entitled to benefit under § 19 of the Twelfth Book must be used in addition to their assets in accordance with § § 90 and 91 of the Twelfth Book. (2) (3) A fee may be charged to parents, spouses and life partners from the date on which the person who is subject to the contract is granted the Performance communicated and informed of the consequences for his maintenance obligations was enlighted to young people. Without prior notification, a cost contribution may be made for the period in which the institution of the public youth assistance is subject to legal or factual reasons which fall within the area of responsibility of the person subject to the charge, on the basis of the The right to claim was prevented. If these reasons are not necessary, the person is to be informed without delay. (4) A fee can only be charged if maintenance claims are not reduced as a matter of priority or as an equal-ranking person. The child, the young person, the young adult or the person entitled to benefit in accordance with § 19 of the child, the young person or the young person or the person entitled to the benefit according to § 19, shall be disqualified from the use of the parent or the person entitled to benefit under § 19. Completion of the sixth year of life. (5) In the case of an individual case, all or part of it shall be waivaged if otherwise the aim and purpose of the service would be endangered or if a special hardship would be obtained from the use of the method. It may be waited if it is to be assumed that the administrative burden associated with it will not be proportionate to the cost contribution. Unofficial table of contents

Section 93 Calculation of income

(1) Income includes all income in money or money with the exception of the basic pension in accordance with or in accordance with the Federal Law on Supply and the Pensions and Aid, which according to the Federal Compensation Act for damage to life as well as to Body and health are granted up to the level of the comparable basic pension according to the Federal Supply Act. Compensation paid in accordance with Section 253 (2) of the Civil Code on account of a damage which is not property damage shall not be considered as an income. Cash benefits which serve the same purpose as the respective performance of the youth assistance do not count on income and are to be used independently of a cost contribution. Child benefit and benefits provided for an explicit purpose under public law rules are not to be considered as income. (2) From the income must be deducted

1.

taxes paid on income, and

2.

Compulsory social security contributions, including contributions to the promotion of employment, as well as

3.

by reason and level, appropriate contributions to public or private insurance companies or similar institutions to cover the risks of old age, sickness, dependency and unemployment.

(3) The amount calculated in accordance with paragraphs 1 and 2 shall be deducted from the charges on the person liable to pay the costs. The deduction shall be made by a reduction of the sum calculated in accordance with paragraphs 1 and 2 by a lump sum of 25% of the total amount. If the charges are higher than the flat-rate deduction, they may be deducted if they are proportionate to the ground and level and do not violate the principles of economic life management. In particular:

1.

contributions to public or private insurance or similar institutions,

2.

the necessary expenditure to achieve income,

3.

Debt obligations.

The person liable to pay the costs must prove the burden. (4) The average monthly income earned by the person liable to pay in the calendar year shall be the same as the average monthly income, which shall be the calendar year of the service or the calendar year of the service. Move forward. At the request of the cost-contributor person, this income shall be subsequently replaced by the average monthly income of the person in the relevant calendar year of the performance or measure. The application may be made within one year from the end of this calendar year. If the person liable to pay the costs credibly shows that the use of the cost of the income in accordance with the first sentence in a given period gives a particular hardship for them, it is provisionally made by the credibly-made, the period In this case, the average monthly income of this year to be determined after the end of the calendar year is definitive. Unofficial table of contents

Section 94 Scope of use

(1) The costs to be borne by the costs to be paid shall be reasonable in proportion to the costs. The cost contributions shall not exceed the actual expenses. Parents are to be relied on to the young people. Spouses and life partners are to be considered subordinated to young people, but primarily to their parents. (2) For the purpose of determining the extent, the amount of each parent, spouse or life partner is determined according to § 93 Income and the number of persons who are at least in the same range as the young person or persons entitled to benefit under § 19 shall be duly taken into account. (3) Services shall be carried out on day and night outside of the parental home, and refers one of the parents to child benefit for the young Persons shall, irrespective of the use referred to in the first and second sentences of paragraph 1 and in accordance with the provisions of paragraph 1, sentence 3 and 4, have to pay a fee in respect of the amount of the child's money. If the parent does not pay the fee in accordance with the first sentence, the institutions of the public youth assistance shall be entitled to the child benefit arising from this child through the assertion of a claim for reimbursement in accordance with § 74 (2) of the (4) If services are provided on day and night and if the young person does not only comply with a cost contributor to a cost contributor, then the actual care provision shall be (5) In order to determine the cost contributions of: Parents, spouses and life partners of young people and persons entitled to benefit in accordance with § 19 shall be determined by decree of the competent Federal Ministry with the consent of the Federal Council by means of a decree-law of the competent Federal Ministry. (6) In accordance with § 19 after deduction of the amounts referred to in § 93 (2), full-time services have to use 75 percent of their income as a cost contribution. A lower cost contribution may be levied or completely excluded from the collection of the cost contribution if the income comes from an activity that serves the purpose of the service. This applies in particular to an activity in the social or cultural field, in which employment is not the priority, but social or cultural involvement.

Third Section
Transfer of claims

Unofficial table of contents

Section 95 Transfer of claims

(1) If one of the persons referred to in § 92 (1) has a claim against another person who is not entitled to a benefit, who is not liable for costs, for the period for which the youth assistance is granted, the institution may: (2) The transition may only be effected in so far as the other is either in the case of a timely performance by the other, either by the Youth assistance was not granted or a cost contribution would have to be made. The transition is not precluded by the fact that the claim cannot be transferred, pledged or paved. (3) The written notification will bring about the transition of entitlement for the time for which the assistance is granted without interruption; Interruption shall be valid for a period of more than two months. (4) Disclaimer and action against the administrative act resulting in the transfer of the claim shall have no suspensive effect. Unofficial table of contents

§ 96 (omitted)

Fourth Section
Supplementary provisions

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Section 97 Determination of social benefits

The eligible institution of public youth assistance may pursue the determination of a social benefit and may appeal. The expiry of the time-limits which have passed without his fault does not affect him. This does not apply to the procedural deadlines, to the extent that the institution of public youth assistance operates the procedure itself. Unofficial table of contents

§ 97a obligation to provide information

(1) Insofar as this is required for the calculation or the adoption of a contribution fee or the acceptance of a participation fee pursuant to § 90 or the determination of a cost contribution according to § § 92 to 94, parents, spouses and life partners are young Persons and persons entitled to benefit according to § 19 are obliged to provide the local institution with information on their income relationships. Young full-year and full-year beneficiaries under § 19 are obliged to provide information to the local institution about their income and property conditions. Parents who are responsible for the property of the child or the young person are also obliged to provide information on their income. If the concern about the property of the child or of the young person is transferred to other persons, they shall replace the parents. (2) As far as this is necessary for the calculation of the current performance in accordance with § 39 paragraph 6, care persons shall be to provide information to the local institution as to whether or not the young person could be taken into account or taken into account in the context of the compensation for family benefits under Section 31 of the Income Tax Act and whether he or she is the oldest child in the Foster family. Care persons related to the young person in a straight line shall be obliged to provide the local institution with information on their income and property. (3) The obligation to provide information pursuant to paragraphs 1 and 2 shall also include the The obligation to give the name and address of the employer, to provide information on the nature of the employment relationship and, on request, to provide evidence of evidence or to give its consent to the submission of the document. Where there are national legal provisions in accordance with Article 90 (1), second sentence, in which flat-rate amounts by income group are prescribed or fixed, the obligation to provide information and the obligation to do so shall be the amount of the income. Presentation of proof customers for the calculation of the cost contribution in accordance with Section 90 (1) (3) to the indication of the membership of a particular income group. (4) If one of the persons obliged to provide information in accordance with paragraphs 1 and 2 comes into force do not fulfil their obligation or there are actual indications of the If the person concerned is not correct, the employer shall be obliged to provide the local institution with information on the nature of the employment relationship and the employment service of that person; the second sentence of paragraph 3 shall apply accordingly. The person responsible for the information shall be required to provide the employer with a reasonable period of time before a request has been made to the employer. It should be pointed out that after the expiry of the deadline, the necessary information is obtained from the employer. (5) The information provided pursuant to paragraphs 1 and 2 for the provision of information may refuse to provide information insofar as it is itself or is not intended to be used by the employer. shall suspend any of the persons referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure in order to be prosecuted for an offence or for an offence. The parties responsible for providing information shall be informed of their right to refuse to stay. Unofficial table of contents

§ 97b (omitted)

Unofficial table of contents

§ 97c Collection of fees and charges

By way of derogation from § 64 of the Tenth Book, national law may regulate the collection of fees and levies.

Ninth chapter
Children's and youth welfare

Unofficial table of contents

Section 98 Purpose and scope of the survey

(1) In order to assess the impact of the provisions of this book and to develop it, ongoing surveys are available on:

1.

Children and active persons in day-care facilities,

2.

Children and active persons in publicly funded day care,

3.

Persons who carry out child-day care with public funds jointly or on the basis of a permit pursuant to § 43 (3) sentence 3 in nursing care centres, and the children who are cared for by these persons,

4.

the recipients

a)

aid to education,

b)

the aid for young adults and

c)

the integration aid for children and young people with mental disabilities,

5.

children and young people whose protection measures have been taken,

6.

Children and adolescents who have been accepted as children,

7.

Children and young people who are under the official guardianship, guardianship or guardianship of the Jugendamt,

8.

Children and adolescents for which a nursing permit has been granted,

9.

Measures of the family court,

10.

Offers of youth work according to § 11 as well as further training measures for honorary employees of recognized sponsors of youth assistance in accordance with § 74 (6),

11.

the facilities other than the day-to-day facilities, authorities and offices in the youth welfare service and the persons working there; and

12.

Expenditure and receipts of public youth assistance

13.

Risk assessments in accordance with § 8a

as federal statistics. (2) In order to prosecute social development in the field of parental concern, ongoing surveys of custody declarations are also to be carried out in the context of children's and youth welfare statistics. Unofficial table of contents

Section 99 Survey characteristics

(1) Survey characteristics in the surveys on assistance for education in accordance with § § 27 to 35, integration aid for mentally disabled children and young people according to § 35a and assistance for young adults according to § 41 are

1.

with regard to the assistance

a)

the nature of the service or the institution carrying out the assistance,

b)

the type of aid,

c)

the place of implementation of the aid,

d)

month and year of the beginning and end, as well as the continued duration of the assistance,

e)

family-friendly decisions at the beginning of the aid,

f)

the intensity of the aid,

g)

Help stimulating institutions or persons,

h)

Reasons for the assistance,

i)

The reason for the termination of aid,

j)

Previous risk assessment in accordance with Article 8a (1) and

2.

with regard to young people

a)

Gender,

b)

Birth month and year of birth,

c)

Life situation at the beginning of the aid,

d)

subsequent stay,

e)

subsequent assistance;

3.

In the case of social pedagogical assistance according to § 31 and other family-oriented aids in accordance with § 27, in addition to the features mentioned under points 1 and 2

a)

Gender, month of birth and year of birth of young people living in the family, as well as

b)

Number of children and young people living outside the family.

(2) The survey characteristics of the surveys on provisional measures for the protection of children and adolescents are children and young people whose protection measures have been taken in accordance with Section 42, broken down by

1.

The nature of the institution of the measure, the form of accommodation during the measure, institution or group of persons who suggested the measure, the date of commencement and duration of the measure, implementation on the basis of a previous one Risk assessment in accordance with Section 8a (1), Acceptance of measures, type of subsequent assistance,

2.

in the case of children and adolescents, in addition to the gender, age group, immigrant background, type of stay referred to in point 1, prior to the start of the measure.

(3) The survey characteristics of the surveys on the adoption as a child are

1.

Adopted children and young people, divided

a)

after national adoption and international adoption in accordance with § 2a of the AdoptionsSwitching Act,

b)

by sex, year of birth, nationality and nature of the institution of the adoption service,

c)

by the origin of the child accepted, the type of accommodation prior to the administration of the care, the family status of the parents or the parent's parental responsibility or the death of the parents at the beginning of the administration of the care, and the replacement of consent to be accepted as a child,

d)

in addition to international adoption (Section 2a of the Adoption Act), by nationality before the adoption of the adoption and the country of origin,

e)

of the nationality of the person or of the accepting and family relationship with the child,

2.

the number of

a)

expressed and raised assumptions, as well as the aborted adoption pleas, broken down by type of institution of the adoption service,

b)

In addition, children and young people who have been previously accepted as a child and are accommodated in the care of their parents, in addition to their sex, shall be classified according to the nature of the institution of the adoption service.

(4) The number of children and young people in the surveys of the Office of the Amtspflegschaft and the county of office, as well as the Advisory Board, are among the main features of the survey.

1.

Legal guardianship,

2.

-official guardianship,

3.

-ordered office and

4.

County,

broken down by sex, type of activity of the youth welfare office as well as by German and foreign citizenship (Germans/foreigners). (5) Survey characteristic in the surveys on

1.

the nursing permit according to § 43 is the number of day-care workers,

2.

The nursing permit according to § 44 is the number of children and adolescents, broken down by sex and type of care.

(6) The survey characteristics of the survey on the protection order in the case of child welfare pursuant to § 8a are broken down by children and young people who have assessed the risk assessment in accordance with paragraph 1.

1.

according to the institution or person causing the risk assessment, the nature of the child's hazard, and the outcome of the risk assessment,

2.

in the case of children and adolescents, in addition to the characteristics referred to in paragraph 1, by sex, age and place of residence of the child or young person at the time of notification and the age of the parents and the use of a benefit in accordance with § § 16 to 19 as well as 27 to 35a and the implementation of a measure according to § 42.

(6a) The survey characteristic of the surveys on custody declarations and the judicial transfer of the common parental concern in accordance with Section 1626a (1) (3) of the Civil Code is not the common parental concern. Married parents, broken down according to whether the parental care of both parents is available or whether the parental care has been transferred in whole or in part due to a judicial decision. (6b) Survey feature in the surveys the family court measures the number of children and young people in which they are the family court proceedings have been initiated by the Jugendamt pursuant to § 8a (2) sentence 1 or the second sentence of Article 42 (3) sentence 2 or in any other way because of a threat to their well-being, and

1.

has been imposed on the person entitled to the right to use the services provided for in that book;

2.

other bids or bans have been issued to the person entitled to the person or to third parties;

3.

statements made by persons entitled to personal rights have been replaced,

4.

the parental concern has been wholly or partially withdrawn and transferred to the Jugendamt or a third party as a guardian or nurse,

broken down by sex, age and, in addition, at point 4, to the extent of the transferred matter. (7) The survey features of the surveys on children and active persons in day-care centres are

1.

the facilities, broken down by

a)

the nature of the institution and the legal form, and special characteristics,

b)

the number of approved places and

c)

the type and number of groups,

2.

for each person working in the main and part-time working person

a)

gender and scope of employment,

b)

in addition to the month of birth and year of birth, the type of vocational training qualification, employment status, type of employment and work area, for the staff who are pedagogically and in the management of the administration;

3.

for the children supported there

a)

Gender, month of birth and year of birth, and school attendance,

b)

migration background,

c)

Childcare and lunchtime catering,

d)

increased funding requirements,

e)

group membership,

f)

Month and year of admission in the daily facility.

(7a) Survey characteristics in the surveys on children in day care with public funds, as well as those carrying out the day care for children, are:

1.

for each active person

a)

Gender, month of birth and year of birth,

b)

Type and extent of qualification, number of children under care (supervision ratios on the cut-off date) as a whole and according to the place of care,

2.

for the children supported there

a)

Gender, month of birth and year of birth, and school attendance,

b)

migration background,

c)

Childcare and lunchtime catering,

d)

the nature and extent of public funding and funding;

e)

increased funding requirements,

f)

Relationship to the care person,

g)

at the same time existing other care arrangements,

h)

Month and year of inclusion in day care.

(7b) Survey characteristics in the surveys on persons carrying out child-day care with public funds jointly or on the basis of a permit pursuant to § 43 (3) sentence 3 and the children supervised by these persons are the number of persons who are in charge of the survey. Day-care persons and the number of children cared for by them, broken down by post-care centre. (8) Survey characteristics in the surveys on the offers of youth work in accordance with § 11 as well as in the surveys on training measures for Honorary employees of recognised support for youth assistance pursuant to § 74 (6) are open and Group offers as well as events and projects of youth work, in so far as these are supported by public funds in a lump-sum or measure-related manner or where the institution receives public funding, broken down by

1.

the nature and legal form of the institution;

2.

the duration, frequency, location and type of offer; in addition to school-related offers, the nature of the cooperating school,

3.

the age, sex and type of employment and activity of persons engaged in the conduct of the offer;

4.

the number, gender and age of the participants and of the visitors,

5.

Partner countries and events in Germany or abroad at events and projects of international youth work.

(9) The survey characteristics of the surveys of the institutions, in so far as they are not covered by paragraph 7, and the authorities and offices in the youth aid and the persons working there, are:

1.

the facilities, broken down by the type of institution, the nature of the institution, the legal form and the nature and number of places available;

2.

the authorities of public youth assistance and the offices of the institutions of the free youth assistance, broken down by the nature of the institution and the legal form,

3.

for any person working in the main and part-time working

a)

(dropped)

b)

(dropped)

c)

gender and scope of employment,

d)

staff working for the pedagogical and administrative staff in addition to the month of birth and year of birth, type of vocational training qualification, status in the profession, type of employment and work area.

(10) Survey characteristics in the collection of expenditure and receipts of public youth assistance

1.

the nature of the carrier,

2.

the expenditure on individual and group aid, broken down by issue and type of aid, and revenue by type of revenue,

3.

expenditure and revenue for bodies broken down by type according to the type of establishment,

4.

the expenditure incurred by the staff at the local and local authorities, as well as the municipalities and associations of municipalities which are not local authorities, who are responsible for the tasks of the youth welfare system.

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§ 100 auxiliary characteristics

Auxiliary characteristics are

1.

the name and address of the person responsible for providing information;

2.

for the surveys referred to in Article 99, the identification number of the assistance provider or the institution providing information; in so far as an aid is provided pursuant to § 28, the identification number of the residence of the aid recipient,

3.

for the surveys referred to in Article 99 (1), (2), (3) and (6), the identification number of the person concerned,

4.

Name and telephone number and fax number or e-mail address of the person available for any queries.

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Section 101 periodicity and reporting period

(1) The surveys referred to in § 99 (1) to (5) and paragraphs 6a to 7b and 10 shall be carried out annually, the surveys referred to in Article 99 (1), insofar as they concern the integration assistance for children and young persons with a mental disability, beginning in 2007. The survey in accordance with § 99 (6) is ongoing. The other surveys according to § 99 are to be carried out every two years, the surveys according to § 99 (8) for the first time for the year 2015 and the surveys according to § 99 (9) for the first time for the year 2014. (2) The data for the survey after

1.

Section 99 (1) shall be the date on which the aid ends, in the case of continued assistance as at 31 December,

2.

to 5. (dropped)

6.

Section 99 (2) shall be at the time of the end of a provisional measure,

7.

§ 99 (3) (1) are at the time of the final court decision on acceptance as a child,

8.

Article 99 (3) (2) (a) and (6a), (6b) and (10) shall apply in respect of the previous calendar year;

9.

Article 99 (3) (2) (b) and (4), (5) and (9) shall be at 31 December,

10.

Article 99 (7), (7a) and (7b) shall be on 1 March,

11.

Section 99 (6) are at the time of the conclusion of the risk assessment;

12.

Section 99 (8) shall be for the previous calendar year

to the Commission. Unofficial table of contents

§ 102 Information obligation

(1) There is a duty to provide information for the surveys. The information on § 100 number 4 is voluntary. (2) Information required

1.

the local providers of youth assistance for the surveys referred to in Article 99 (1) to (10), and in accordance with paragraph 8, only where tenders of their own have been made,

2.

the local providers of youth assistance for the surveys referred to in Article 99 (3) and (7) and (8) to (10), and in accordance with paragraph 8, only where tenders of their own have been made,

3.

the supreme state youth authorities for the surveys referred to in § 99 (7) and (8) to (10),

4.

the competent supreme federal authority for the survey in accordance with § 99 (10),

5.

municipalities and associations of municipalities, in so far as they fulfil the tasks of youth assistance, for the surveys referred to in § 99 (7) to (10),

6.

the providers of the free youth assistance for surveys in accordance with § 99 (1), insofar as they relate to advice according to § 28 or § 41, in accordance with § 99 (8), insofar as they are recognized carriers of the free youth assistance pursuant to § 75 (1) or (3), and in accordance with § 99 Paragraphs 2, 3, 7 and 9,

7.

Adoption agencies pursuant to § 2 (2) of the AdoptionsSwitching Act because of their activities in accordance with § 1 of the AdoptionsSwitching Act and recognized foreign exchange offices pursuant to § 4 paragraph 2 sentence 2 of the AdoptionsSwitching Act on the basis of its activities in accordance with Section 2a (3) (3) of the Adoption Act pursuant to § 99 (3) (1) and Section 99 (3) (2a), for the number of outspoken assumptions and in accordance with Section 99 (3) (2b) for the number of prior adoption candidates,

8.

the heads of institutions, authorities and offices in the youth assistance for the surveys referred to in § 99 (7) and (9).

(3) In order to carry out the surveys referred to in Articles 99 (1), 2, 3, 7, 8 and 9, the public youth assistance institutions shall transmit to the statistical offices of the Länder, upon request, the required addresses of the other parties to the information. Unofficial table of contents

Section 103 Transmission

(1) The Federal Statistical Office and the Federal Statistical Office shall be entitled to apply to the competent federal or state authorities for use in relation to the legislative bodies and for the purposes of planning, but not for the regulation of individual cases. statistical offices of the countries tables are transmitted with statistical results, even so far as the table fields are only one case. Tables whose table fields have only one case may only be transmitted if they are not more differentiated than at the government district level, in the case of the city states at the district level. (2) For exclusive use only Statistical purposes may be submitted to the authorities of the municipalities and congregations responsible for the implementation of statistical tasks for their area of responsibility, with the exception of the auxiliary characteristics, in accordance with Article 99 of the survey, insofar as the conditions provided for in Article 16 (5) of the Federal Statistics Act (3) The results of the children's and youth support activities in accordance with § § 98 and 99 may be published at the level of the individual community or of the individual youth welfare district.

Tenth chapter
Criminal and penal rules

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Section 104 Penal rules

(1) The offence is unlawful.

1.

, without permission pursuant to § 43 (1) or § 44 (1) sentence 1, a child or a young person is to be cared for or provided to accommodation,

2.

Contrary to § 45 (1) sentence 1, also in conjunction with Section 48a (1), without permission, a facility or other form of residence operates or

3.

Contrary to § 47 an advertisement is not, not correct, not fully or not reimbursed in time or does not make a notification, not correct, not complete or not in time, or

4.

Contrary to § 97a (4), intentionally or negligently as an employer, information is not provided, not correct, or not completely given.

(2) The administrative offences referred to in points 1, 3 and 4 of the first paragraph may be punishable by a fine of up to five hundred euros, and the administrative offence referred to in paragraph 1 (2) may be punishable by a fine of up to fifteen thousand euros. Unofficial table of contents

Section 105 Criminal Code

A custodial sentence of up to one year or a fine shall be punished.

1.

the act referred to in Article 104 (1) (1) or (2), thereby recklessly jeopardising a child or young person in his or her physical, mental or moral development, or

2.

a deliberate act referred to in Article 104 (1) (1) or (2) has persistently repeated.