Youth Welfare Committee

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In Germany, the youth welfare committee (JHA) is part of the youth welfare office in addition to the administration and thus part of public child and youth welfare . It is a municipal constitutional body. It includes members of the representative body of the public institution (district council or council, district, at the state level of the state parliament) and women and men who are proposed by the recognized independent organizations of youth welfare and youth associations . 3/5 of the votes are given to the representative bodies of the public sponsors, 2/5 of the votes to the representatives of the private sponsors. The occupation of youth and state youth welfare committees is a state matter; Most of the implementing laws for the KJHG of the federal states contain corresponding requirements.

While the administration takes care of the day-to-day business, the youth welfare committee has the right to make decisions on all fundamental youth welfare matters. With this responsible participation of committed citizens as well as youth welfare workers, a " twofold structure of the youth welfare office" arises , which is unique in the German administrative structure. The decisions of the youth welfare committee bind the actions of the youth welfare office.

"The institution of the youth welfare committee should realize a real democracy , especially in the youth welfare office , and transfer responsibility for the education of young people to the citizens who have demonstrated common sense through free cooperation in the common good." (Rationale for the draft law by the federal government; BT-Drs. I / 3641)

This twofold structure of the authority, which was taken over from the Youth Welfare Act (JWG) in Book 8 of the Social Code (SGB VIII) , is intended to reflect the importance of independent organizations and voluntary commitment to the interests of children, young people and their families. The two-tier structure is an expression of the principle of partnership-based cooperation between public and free youth welfare. At the same time, it is a sign that the services of child and youth welfare are to a large extent to be owed to the personal and material commitment of free youth welfare. This traditional reluctance of the state towards welfare is justified in subsidiarity .

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Individual evidence

  1. BVerwG, judgment of December 15, 1994, Az. 5 C 30/91, BVerwGE 97, 223 ff.