Reinhard Wiesner

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Reinhard Wiesner 2010

Reinhard Wiesner (born June 29, 1945 in Eger / Bohemia ) is a German legal scholar and “father” of SGB ​​VIII (child and youth welfare) . He has lived in Berlin since 2003 .

Life

After attending an old-language grammar school in Weiden and Regensburg, Reinhard Wiesner studied law at the universities of Munich and Regensburg ; the 1st state law examination was passed in 1968, the 2nd in 1973. In the meantime he was a fellow of the British Council at the University of Edinburgh , Center for European Governmental Studies. Wiesner began his professional career as a scientist. Assistant at the University of Regensburg from 1973 to 1974, where he received his Dr. jur. (Topic: Administrative Tribunals in Great Britain: A Contribution to the Control of Administration in England. Berlin 1974). In 1974 he went to Bonn to the Federal Ministry for Youth, Family and Health (BMJFG) and in 1985 became head of the legal department of child and youth welfare in the Federal Ministry for Family, Seniors, Women and Youth (BMFSFJ), from 1989 in the rank of ministerial councilor. He held this position until 2010.

Wiesner has been retired since 2010 when he reached the age limit, but is still active as a university lecturer, author of relevant specialist literature, appraiser, lawyer and as an expert in specialist committees. He is married and has three children.

Act

In his position as administrative lawyer and head of division in the Ministry of Youth and Family , Wiesner designed the eighth book of the Social Security Code (Art. 1 of the Law on the Reorganization of Child and Youth Welfare Law - KJHG - of June 28, 1990) and the more than 40 amendment laws until the end of his service life in terms of content and gave the new Child and Youth Welfare Act a heart. Above all, this included a different understanding of the state's shared responsibility for growing up young people. The task and goal of child and youth welfare should no longer be the maintenance of public safety and order or the state substitute education for damaged children and young people (as was the guiding principle of youth welfare law up to now), but rather the promotion of the development of young people. Since the upbringing responsibility according to the Basic Law rests primarily on the parents (Article 6, Paragraph 2, Clause 2 of the Basic Law), the state should now enforce the rights of children and young people to promote their development primarily by allowing the parents to exercise them Responsibility for upbringing supports and strengthens and, even if the child's well-being is at risk, ensures that the risk can be averted primarily by helping the parent-child system (priority of help over intervention). In recent years, the promotion of children in day care centers and day care has become increasingly important: Your task is to support children in their development and to support and supplement their parenting in the sense of a parenting partnership. According to the meaning and purpose of the respective service, SGB VIII therefore received services that are directly addressed to the child or young person as well as those that are aimed at the parents or the parent-child system. As a result, the law is intended to respect parents' responsibility to bring up their children and to protect the child's fundamental rights to ensure parental upbringing and to protect their well-being from dangers.

Wiesner is the editor of "Wiesner", the commentary on SGB VIII - child and youth welfare - and co-editor of the Münder / Wiesner child and youth welfare law manual and the magazine for child law and youth welfare (ZKJ).

In 2003 he was appointed honorary professor at the Free University of Berlin in the field of education and psychology.

Reinhard Wiesner chairs the technical and structural questions of the German Institute for Youth Welfare and Family Law.

Awards

Fonts

  • with Walter H. Zarbock (Ed.): The new Child and Youth Welfare Act (KJHG) and its implementation in practice. Cologne u. a. 1991.
  • with Ferdinand Kaufmann, Thomas Mörsberger, Helga Oberloskamp , Jutta Struck: SGB ​​VIII - Child and Youth Welfare. Comment. Munich 1995 with addendum 1996; 2nd edition 2000.
  • with Gila Schindler, Heike Schmid: The new child and youth welfare law. Introduction - Texts - Materials, Cologne 2006.
  • with Johannes Münder (ed.): Child and youth welfare law. Handbook, Baden-Baden 2007.
  • with Johannes Münder, Thomas Meysen (eds.): Child and youth welfare law. 2nd Edition. Baden-Baden 2011 (manual).
  • (Ed.): SGB ​​VIII-Kinder- und Jugendhilfe. 3. Edition. Munich 2006, 4th edition 2011.

Articles (selection)

  • Parental rights , youth welfare and the position of young people . In: Journal for Legal Policy. 12 (1979) 11, pp. 285-292.
  • The arduous path to a new youth welfare law. On the history of the reorganization of youth welfare law. In: Law of the youth and the education system. 38 (1990) 2, pp. 112-125.
  • About the use of youth welfare for youth criminal law . In: Federal Ministry of Justice (ed.): Basic questions of juvenile criminal law and its new regulation. Bonn 1992, pp. 144-151.
  • with Jutta Struck: The legal right to a place in kindergarten . Effects and side effects of a decision by the legislature. In: Journal for Legal Policy. 25 (1992) 12, pp. 452-456.
  • Between family-oriented help and child protection - interventions within the framework of the KJHG: an insoluble dilemma? In: Practice of child psychology and child psychiatry . 45 (1996) 8, pp. 286-289.
  • The transformation of the welfare state through the law. In: Siegfried Müller, Heidi Reinl (Hrsg.): Social work in the competitive society, contributions to the redesign of the social. Neuwied et al. 1997, pp. 47-65.
  • Children's Rights - On the legal and political meaning of a term. In: Zentralblatt für Jugendrecht . 85 (1998) 5, pp. 173-180.
  • The legal position of children in the welfare state. In: Kränzl-Nagl, Mierendorff, Olk (ed.): Childhood in the welfare state. Frankfurt / New York 2003, pp. 153-182.
  • Imprisonment in educational responsibility. In: The youth welfare office. 76 (2003) 3, pp. 109-116.
  • The guardianship of the state and the guarantor position of the social worker to ward off dangers to the child's well-being. In: Zentralblatt für Jugendrecht. 91 (2004) 5, pp. 161-172.
  • with Heike Schmid: Child and youth welfare and the federalism reform . In: Journal for Child Law and Youth Welfare. 1 (2006) 9., p. 392 and 10, p. 449.
  • From professional guardianship to legal entitlement to youth welfare. In: The youth welfare office. 79 (2006) 12, pp. 558-569.
  • Children's rights in the constitution ?! In: Journal for Child Law and Youth Welfare. 3 (2008) 6, pp. 225-229.
  • Youth welfare and justice - possibilities and limits of cooperation from the perspective of youth welfare. In: Federal Ministry of Justice (ed.): The youth criminal law facing new challenges? Jenaer Symposium, Mönchengladbach 2009, pp. 323–333.
  • The role of child and youth welfare in the parental conflict. In: Müller-Magdeburg (Ed.): Changed thinking - for the benefit of children. Festschrift for Jürgen Rudolph, Baden-Baden 2009, pp. 45–54.
  • Section 36a SGB VIII in the context of the Child and Youth Welfare Development Act (KICK)

See also

literature

  • Brigitte Goldberg: Wiesner 2006 SGB ​​VIII. Review of the extensive commentary online at Socialnet

Web links

Individual evidence

  1. Uni-Protocols , accessed on June 2, 2011
  2. AGJ press release , May 2, 2010 (last accessed on July 10, 2018)
  3. https://jugendgerichtshilfe.dresden.de/media/pdf/jgh/DGJJ_05_2006_Wiesner_36a.pdf