Care relationship

from Wikipedia, the free encyclopedia

A nursing ratio describes the formal relationship between a foreign housed one nursing child and the female foster parents . A care relationship can be organized privately or initiated by the youth welfare office . In the latter case, it is drawn up in a legally required assistance plan between the parties involved ( parents of origin, foster parents, youth welfare office ) and regularly checked.

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Germany

definition

There are different - not always clearly distinguishable - forms:

  • Day care : for example, if the parents or the bringing up parent are employed, the child can be looked after by a day care family on an hourly / half day / full day basis, but remains part of the family of origin. A permission from the youth welfare office according to Section 43 SGB ​​VIII is required.
  • Supplementary care: if there are deficits of various kinds in the family of origin, helping care to give the child additional experience, the foster parents are 'trainers'.
  • Standby care / short-term care : For temporary accommodation: if z. For example, a single mother suddenly has to go to hospital or if a child has to be removed from the family (so-called taking into care ) immediately, until further action has been clarified.
  • Long-term care / full-time care ( Section 33 of Book VIII of the Social Code ): if the parents of origin are unable to raise their child for a longer period of time (reasons such as long-term illness, addiction, etc.), a longer period of admission will take place. After a certain period of time (depending on the age of the child), the child's primary ties to the foster parents arise, which make repatriation difficult or impossible. If necessary, the child will then be ordered to remain in the foster home ( Section 1632 , Paragraph 4 BGB). In the case of full-time care, a care permit from the youth welfare office according § 44 SGB ​​VIII required. Taking in a child with the aim of adoption also establishes a long-term care relationship, but not yet adopting care.
  • Adoption care: Period of care after (!) The consent of the birth parents to the adoption (or its replacement by the guardianship court ) and the actual adoption of a child. Special legal framework conditions apply here, see below. a. § 1744 BGB.
  • Special forms : Depending on the need for help, other forms can also be found; be it mixed forms such as weekly care , where a child lives with foster parents during the week and with the family of origin at the weekend, or special care relationships such as professional education centers (in accordance with Section 34 of the Social Security Code VIII), where pedagogically trained and i. d. As a rule, skilled workers employed by a youth welfare organization accept children who are emotionally traumatized and who cannot be accommodated in normal foster families. Socio-educational foster families or special or curative educational foster families and also in the area of ​​the Westphalia-Lippe Regional Association (LWL) Westphalian foster families (WPF) are forms of care according to Section 33 of the Social Code VIII. Just as with the educational center, special requirements are placed on the qualifications of foster parents, which However, foster families are not employees of a youth welfare agency. However, they receive an increased care allowance, i. H. the share for the educational effort is correspondingly higher. Depending on the type of care, the youth welfare office or an independent youth welfare agency can be the provider. Westphalian foster families are always looked after by an independent youth welfare organization. In this case, the youth welfare office concludes a care contract with the WPF sponsor.

Exercise of parental authority

The custody also remains at a Pflegschaftsverhältnis with the biological parents not provided custody by § 1666 BGB withdrawn and a guardian has been transferred. However, if the foster relationship lasts longer, the foster parents have the decision-making authority in matters of the child's daily life according to § 1688 BGB. You are entitled to manage the wages of a minor and to claim and manage maintenance , insurance, pension and other social benefits (e.g. child benefit ) for the child. The family court can make a different regulation. In the event of disputes between the carer and the custodian, the youth welfare office should according § 38 SGB ​​VIII convey.

guardianship

A ruling by the district court Munich are another partnered gay couples in Germany authorized since August 5, 2016 as foster parents , the guardianship and exercise together for children and adolescents; Up to this point in time, there was a loophole in the law and the joint exercise of guardianship was only possible for married couples .

Health and pension insurance

Foster children can be insured with the foster parents' statutory health insurance free of charge ( family insurance , Section 10, Paragraph 4, SGB ​​V ). If a foster parent dies, the child is entitled to an orphan's pension ( Section 48 (3) SGB ​​VI ). Foster parents are entitled to a pension insurance subsidy from the youth welfare office.

liability

In the case of temporary foster care, foster parents are more liable to the foster child than to their own children or long-term foster children. It is a contractually assumed duty of supervision ( § 832 BGB). This risk can be covered by taking out a correspondingly extended (private) liability insurance.

Web links

Individual evidence

  1. ↑ Rights of homosexuals: the court grants guardianship to foster mothers. Spiegel online from August 5, 2016