Federal Child Protection Act

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Basic data
Title: Act to strengthen active protection for children and young people
Short title: Federal Child Protection Act
Abbreviation: BKiSchG
Type: Federal law
Scope: Federal Republic of Germany
Issued on the basis of: Art. 74 (1) no. 7 GG
Legal matter: Social law
References : 8601-6; 860-8; 860-9; 404-25
Issued on: December 22, 2011
( BGBl. I p. 2975 )
Entry into force on: January 1, 2012
(Art. 6 G of December 22, 2011)
GESTA : I009
Weblink: Text of the BKiSchG
Please note the note on the applicable legal version.

The Federal Child Protection Act that came into force in 2012 - an article law - is intended to protect the well-being of children and young people and to promote their physical, mental and emotional development.

content

The law consists of six articles:

  • The core of the law is the new law on cooperation and information in child protection (KKG) created by Article 1 . The KKG regulates how parents are informed about support offers in questions of child development. It creates the framework for binding network structures in child protection. In addition, the KKG regulates the advice and transmission of information by secret carriers (e.g. doctors and teachers) in the event of a threat to the best interests of the child .
  • Article 2 changes Section 8a of Book VIII of the Social Security Code (Book VIII of the Social Code, Child and Youth Welfare) and adds  two new provisions in Section 8b and Section 79a of Book VIII of the Social Code.
  • Article 3 changes the Ninth Book of the Social Security Code (rehabilitation and participation of disabled people) and the Pregnancy Conflict Act .
  • Article 4 was not included in the first bill. The provision was only included in the Federal Child Protection Act during the ongoing legislative process. It stipulates that the Federal Government must examine the effects of the Federal Child Protection Act with the participation of the Länder and report to the German Bundestag on the results of this investigation by December 31, 2015 ( evaluation obligation ).
  • Article 5 authorizes the Federal Ministry for Family, Seniors, Women and Youth to publish the wording of Book Eight of the Social Security Code in the new version in the Federal Law Gazette.
  • Article 6 regulates the entry into force of the law.

Background, legislative process

A revision of the regulations for the protection of children was considered to be technically and politically necessary, in particular because Section 8a of Book VIII of the Social Code, which was added to Book 8 of the Social Code in 2005 as part of the Act on the Further Development of Child and Youth Welfare (KICK), was not sufficient for effective child protection was considered.

The federal government passed the draft law on March 16, 2011. The Federal Council called for extensive repairs in 2011 on 27 May. On June 22, 2011, the federal government introduced the bill to the German Bundestag. The Bundestag approved the draft on October 27, 2011 with the votes of the government parliamentary groups. The amendments proposed by the Federal Council were only partially implemented. The Federal Council therefore decided on November 25, 2011 not to approve the law passed by the German Bundestag . The federal government then called the mediation committee . The mediation committee drew up a compromise proposal, which the Federal Council approved on December 16, 2011.

literature

  • Andrea Kliemann, Jörg M. Fegert: Passing on information in child protection. Finally a clear notification authority through the new Federal Child Protection Act? In: Journal for Legal Policy 4/2011, pp. 110–112.
  • Dirk Wüstenberg: The new justification § 4 KKG to prevent child abuse. In: Strafverteidiger Forum 2012, pp. 348–354.

Web links

Individual evidence

  1. ↑ Press release of the Federal Government of March 16, 2011 ( Memento of January 31, 2016 in the Internet Archive )
  2. ↑ Federal Council: Include the health system in child protection.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.bundesrat.de  
  3. ↑ Bundestag printed matter 17/6256. (PDF; 959 kB)
  4. ^ The resolutions of the Bundestag from October 26th to 28th.
  5. ↑ BMFSFJ press release: Federal Minister Kristina Schröder: “The Federal Child Protection Act can now come into force on time”.