Hessian Child Promotion Act

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Basic data
Title: Law to amend the Hessian Child and Youth Welfare Code and to amend and repeal other legal provisions
Short title: Hessian Child Promotion Act
Abbreviation: HessKiföG
Type: State law
Scope: Hesse
Legal matter: Social law (Germany)
Issued on: May 23, 2013 (GVBl. June 4, 2013, p. 207)
Entry into force on: 1st of January 2014
Weblink: Hessian Child Promotion Act of June 4, 2013 . In: Law and Ordinance Gazette for the State of Hesse . 2013 No. 10 , p. 207 ( online at the information system of the Hessian state parliament [PDF; 490 kB ]).
Please note the note on the applicable legal version.

The Hessian Child Promotion Act (HessKiföG) is a Hessian state law that bundles the regulations on the framework conditions and state subsidies for child day care and inserts them into the existing Hessian Child and Youth Welfare Code (HKJGB). It came into force on January 1, 2014.

With the new regulation of the framework conditions for the operation of day care facilities , the aim is to strengthen the freedom of the sponsors. The framework conditions are therefore designed to be more flexible and more needs-based. At the same time, the quality level of the minimum ordinance of 2008 is to be fundamentally maintained. To this end, an evaluation of the new regulations (Article 5a HessKiföG) is planned, with which the effects of the law are to be checked by December 31, 2016.

Essentially, the minimum standards in day care facilities for children (§§ 25a to 25d HKJGB) as well as state funding for child day care (§§ 32 to 32e HKJGB) are regulated.

Minimum standards in day care facilities for children

State funding for day care

History of origin and criticism

The draft of the HessKiföG was created following the judgment of the State Court of Hesse on June 6, 2012, with which the action by 39 cities and municipalities against the minimum ordinance was dismissed and the State of Hesse was sentenced to prompt compensation for the costs of the quality standards. It was published on December 4, 2012 as an express copy.

During the first deliberations on the draft law and in the opinions of the professional associations, the switch from group-related to child-related support was criticized. The expansion of the specialist catalog to include non-specialist personnel also met with rejection. In addition, the calculation of specialist hours using specialist factors and mean values ​​for supervision and the cap of 42.5 hours per week were not considered appropriate. In the spring of 2013, there were public demonstrations by parents and educators who feared a deterioration in the childcare key.

In the amendment to the draft law of April 2013, the extension of the specialist catalog was deleted and a fourth average care value was added. The law was then passed on May 23, 2013 in the third reading . Experience with the calculation of specialist hours prompted the Hessian Association of Towns and Municipalities to propose the development of a different calculation method in a later statement dated November 11, 2014. The evaluation of the HessKiföG was carried out by the Institute for Social Work and Social Pedagogy until the end of 2016. The evaluation report shows differentiated results. Cities and municipalities, district youth welfare offices, daycare providers and day-care center managers complain for the most part about the high bureaucratic effort. On the other hand, the greater flexibility is welcomed. Experts and the majority of the providers are calling for the mean values ​​for childcare to be abolished or at least for a better differentiation of time categories.

The League of Independent Welfare Care in Hessen e. V. criticized in an initial assessment from February 14, 2017 that the time of the evaluation was chosen too early because 71% of the day care facilities had still used the transitional regulations. In the statement on the HKJGB of June 13, 2017, the league calls for a simplification of the administrative work, the abandonment of the care mean values ​​in favor of the contractually agreed and actually supervised times, the improvement of the personnel calculation by compensating the risk of fluctuations in occupancy and the specification of line time off and indirect pedagogical Times.

Web links

Individual evidence

  1. ↑ Hessian Ministry of Social Affairs: HessKiföG - Presentation of the essential contents, June / July 2013
  2. ↑ State Court of Hesse, judgment text of June 6, 2012
  3. ^ Hessischer Landtag, Drs. 18/6733
  4. ↑ Committee template SPA 18/85, part 1
  5. ↑ Committee template SPA 18/85, Part 2
  6. ↑ Committee draft SPA 18/85, part 4
  7. ↑ FAZ: "Hessen - Landtag adopts Child Promotion Act" , accessed on October 13, 2016
  8. ↑ Frankfurter Rundschau: "KITA-Qualität im Sinkflug", March 6, 2013 , accessed on October 13, 2016
  9. ↑ Hessischer Landtag, Drs. 18/7208
  10. ↑ Hessischer Landtag, recommendation for resolution on Drs. 18/7208
  11. ↑ Hessischer Landtag, submission SIA 19/18 Part 2, pp. 28/29.
  12. ↑ HMSI: Information on the evaluation
  13. ↑ Evaluation report on HessKiföG (PDF 4.5 MB)
  14. ↑ ibid. Summary, pp. 2 and 3
  15. ↑ ibid. Calculation of Personnel Requirements, p. 196ff
  16. ^ League of Free Welfare Care in Hessen e. V .: "Evaluation of the HessKiföG - A first assessment", Frankfurt am Main, February 14, 2017
  17. ^ League of Free Welfare Care in Hessen e. V .: "Statement on the evaluation of expiring legal provisions", Wiesbaden, June 13, 2017