Child Day Promotion Act (Berlin)

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Basic data
Title: Law on the Promotion of
Children in Day Care Centers
and Day Care
Short title: Child Day Promotion Act
Abbreviation: KitaFöG
Type: State Law
Scope: Berlin
Legal matter: Social law , youth law
References : BRV 2162-5
Issued on: June 23, 2005
( GVBl. P. 322)
Entry into force on: August 1, 2005
Last change by: Art. II G of July 13, 2011
(GVBl. P. 344)
Effective date of the
last change:
July 27, 2011
(Art. VIII G of July 13, 2011)
Please note the note on the applicable legal version.

The Kindertagesförderungsgesetz (KitaFöG) of the State of Berlin came into force on August 1st, 2005 and regulates daycare in Berlin . The full name reads Law for the Advancement of Children in Day Care Centers and Child Day Care .

The framework conditions for child day care are regulated in SGB ​​VIII (child and youth welfare). SGB ​​VIII is federal law and applies to all day-care centers and day-care centers in Germany. The third section of SGB VIII (§§ 22 to 26) deals with this in detail. According to § 26 SGB VIII, the details of the content and scope of child day care should be regulated by state law. Accordingly, each federal state has its own law on child day care law. In Berlin this law is called: Child Day Promotion Act - KitaFöG - of June 23, 2005 (GVBl. P. 322).

The KitaFöG applies to day-care facilities, i.e. day-care centers, parent-initiative day-care centers and parent-child groups, and day-care centers in Berlin. The law specifies the tasks and objectives of the promotion (§§ 1 - 3 KitaFöG), the right to a place in the day care facility (§ 4 KitaFöG) as well as the registration process and the needs test for a place (§ 7 KitaFöG), the Care contract (§ 16 KitaFöG), the equipment of day care facilities and quality development (§§ 10 to 13 KitaFöG), parental involvement (§ 14 KitaFöG), day care (§§ 17, 18 KitaFöG) and the financing of day care facilities (§§ 21 - 26 KitaFöG).

The extent to which the child and the parents have to contribute to the costs of using the support in a day care facility is regulated in a separate law. The law is called: Tagesbetreuungskostenbeteiligungsgesetz - TKBG. The amount of the cost sharing depends on the income of the parents of the sponsored child. From January 1, 2007, the TKBG provides for free care in the last year before the start of regular compulsory schooling (Section 3 (5) TKBG).

An ordinance has now been issued to structure the KitaFöG (VOKitaFöG). In the VOKitaFöG, the registration procedure for a place in a day care facility and the determination of the need is described in detail. If there is a need for support in a day care facility, the responsible youth welfare office issues a so-called voucher to the parents (§ 5 VOKitaFöG). The VOKitaFöG contains not only the questions of needs assessment, but also regulations for staffing the day care facility.

With the new KitaFöG on August 1, 2005, the previous after-school care for children of primary school age was transferred to schools. The prerequisite for after-school care at the primary schools is the determination of a need for care (cf. § 19 Paragraph 6 School Act for the State of Berlin (SchulG), which refers to the KitaFöG). If after-school care is not carried out as a school offer by the school itself, childcare places can be provided by the independent youth welfare organization .

literature

  • Hundt / Oeter: Child day care in Berlin , collection of regulations and explanations, Carl Link Verlag, ISBN 9783556010235
  • Hundt: "Childcare in Berlin", LKV 2007, p. 401 ff.