Youth welfare law

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In Germany, all legal regulations that relate to child and youth welfare are summarized under youth welfare law . In addition, the guidelines, recommendations, circulars and instructions issued by local youth welfare office directors must be observed.

Relevant laws

The core of youth welfare law is the eighth book of the Social Code (SGB VIII). It was passed as Article 1 of the Article Act “KJHG” in 1990. The Youth Courts Act (JGG) also contains youth welfare law, as does the law on voluntary jurisdiction and the civil code in the family law section. In the 1990s, the federal states consistently passed implementation laws for SGB VIII , which are abbreviated to “AG KJHG”. In addition, many federal states have passed state day care center laws.

History of youth welfare law

The forerunner of SGB VIII was the Youth Welfare Act (JWG) that came into force in 1924 as the “Reich Law for Youth Welfare” (RJWG ).

Emergence

Since the mid- 1970s and until 1989, numerous draft laws were drawn up by the responsible department of the Federal Youth Ministry in accordance with the positions of the respective political rulers. In the final phase, the CDU / CSU enforced that, in accordance with Section 27 (1) of Book VIII of the Social Code, the legal guardians had the legal claim and not the minors as such. On the question of age classification, the parties fought with the municipalities over the question of the age at which legal entitlement to a daycare place should be granted and thus paid for. The fathers of SGB VIII are, on the one hand, numerous professors in the field and, on the other hand, Reinhard Wiesner, head of the department at the Federal Ministry at the time; Added to this is the influence of the German Youth Institute , the commitment of state youth welfare authorities and individual personalities who brought their positions into the discussion through committees.

Legal policy

Section 35a of Book VIII of the Social Code has regulated integration assistance for mentally handicapped children and young people since January 1, 1991.

With the so-called social space orientation , there was a paradigm shift in youth welfare in the 1990s.

The main points of discussion in 2012 concerned the financial feasibility of educational assistance according to Sections 27 to 41 of Book VIII of the Social Code and the design of the new Section 8a , Section 8b of Book VIII of the Social Code. In addition, on January 1, 2012, the law on cooperation and information in child protection (KKG ) in force, which was enacted as Article 1 of the Federal Child Protection Act to specify questions of data protection and the obligation to secrecy, the possibilities of interfering with parental rights according to Art. 6 GG , with family midwives and with questions about certificates of good conduct as well as their entry in the Federal Central Register.

With the law to improve the accommodation, care and care of foreign children and adolescents , a state-wide and nationwide distribution procedure for the care of unaccompanied foreign minors was introduced on November 1, 2015 in § 42a to § 42f SGB ​​VIII new version .

literature

  • Working group for child and youth welfare . AGJ (Ed.): Child and youth welfare law from A - Z. Beck, Munich 2008, ISBN 978-3-406-57587-7 .
  • Federal working group of state youth welfare offices, international society for home education (ed.): Have rights - get right 2nd edition. Beltz Votum, Weinheim 2003, ISBN 3-407-55121-5 .
  • Kepert / Kunkel (Eds.): Handbook for children and youth welfare law Wiesbaden 2017
  • Manfred Günther : Everything that young people are entitled to ; 4th A., Berlin 2019, www.mg-joker.de; ISBN 3-924041-23-7 .
  • Manfred Günther: Child and Youth Welfare Law ; Springer essential Wiesbaden, print and e-book, 2019, 2020.
  • Kepert, Kunkel: Handbook of Child and Youth Welfare Law ; Wiesbaden 2017
  • Peter-Christian Kunkel : Basics of youth welfare law. Systematic presentation for study and practice. 4th edition. Nomos-Verlags-Gesellschaft, Baden-Baden 2001, ISBN 3-7890-6986-8 .
  • Münder, Johannes: Child and Youth Welfare Law 6., Cologne 2007
  • Regina Rätz-Heinisch, Wolfgang Schröer, Mechthild Wolff: Textbook child and youth welfare. Basics, fields of action, structures and perspectives. Juventa, Weinheim 2009, ISBN 978-3-7799-2201-8 .
  • Reinhard Joachim Wabnitz : Basic course in child and youth welfare law for social work ; Munich 2009

Youth and Family Law: Laws (print versions)

  • BGB, Beck / dtv 5001, 2019
  • Family law , Beck / dtv 5577, 2019
  • FGG, Beck / dtv 5527, 2019
  • Jugendrecht , Beck / dtv 5008, 2019
  • Social Code , Beck / dtv 5024 2019
  • Ulrich Stascheit (ed.): Laws for social work. Text collection Fachhochschulverlag Frankfurt 2019. ISBN 978-3-947273-13-3

Comments on SGB VIII (selection)

  • Fieseler, Schleicher, Busch, Wabnitz (eds.): GK-SGB VIII - Child and Youth Welfare Law (constantly updated loose-leaf collection)
  • Hauck, Noftz (Ed.): SGB ​​VIII Child and Youth Welfare Commentary, Berlin (constantly updated loose-leaf collection)
  • Krug, Riehle (Ed.): Child and Youth Welfare - SGB VIII , Cologne (constantly updated loose-leaf edition; status: 161th delivery, March 2015)
  • Münder, Meysen, Trenczek : Frankfurter Commentary on SGB VIII , Baden-Baden, 8th edition 2019 ISBN 978-3-8329-7561-6
  • Schlegel / Voelske (Ed.): Juris Praxiskommentar SGB VIII - Child and Youth Welfare , Saarbrücken 2014
  • Reinhard Wiesner u. a .: SGB ​​VIII (SGB) - Child and Youth Welfare , 5th completely revised edition, Munich 2015, ISBN 3-406-51969-5

Individual evidence

  1. ^ Text of Book Eight of the Social Code
  2. ↑ Archive link ( Memento of the original from November 17, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 269 kB) Corinna Grün "Introduction", seen on www.niederle-media.de on September 9, 2010  @1@ 2Template: Webachiv / IABot / www.niederle-media.de
  3. ↑ [1] Jörg Fegert in Deutsches Ärzteblatt, viewed on September 9, 2010
  4. ↑ [2] (PDF; 26 kB) Rainer Kröger (AFET) on the occasion of 20 years of SGB VIII, seen on www.afet-ev.de on September 9, 2010
  5. ^ Draft Child Protection Act. (PDF; 29 kB) Retrieved on August 12, 2010 .
  6. ↑ BGBl. I p. 1802

See also