Eighth Book of the Social Security Code

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Basic data
Title: Social Code Book Eighth
- Child and Youth Welfare -
Short title: Eighth Book of the Social Security Code
Abbreviation: SGB ​​VIII
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Social law
References : 860-8
Original version from: June 26, 1990
( BGBl. I p. 1163 )
Entry into force on: October 3, 1990 (new federal states),
January 1, 1991 (old federal states)
New announcement from: September 11, 2012
( Federal Law Gazette I p. 2022 )
Last change by: Art. 16a G of April 28, 2020
( BGBl. I p. 960, 1011 )
Effective date of the
last change: 		May 26, 2020
(Art. 17 G of April 28, 2020)
GESTA : M030
Weblink: Text of the law
Please note the note on the applicable legal version.

The Eighth Book of the Social Code ( SGB VIII ) is from the German Bundestag and with the approval of the German Federal Council decreed law and includes the federal statutory provisions in Germany, the Child and Youth Welfare concern. The federal states have also passed implementing laws.

history

The SGB VIII - Child and Youth Services was established in 1990 as Article 1 of the Child and Youth Welfare Act brought (KJHG = "Law on the reorganization of the Child and Youth Welfare Law" of 1990) on the way. The KJHG came into force in the western federal states on January 1, 1991 and replaced the German Youth Welfare Act (JWG) from 1961 , which had been in force until then . In the new federal states , the KJHG came into effect on October 3, 1990, when it joined .

The KJHG is an article law with a total of 24 articles which, in addition to the new SGB VIII, changed various existing laws at the time of 1991, for example the Civil Code (BGB) and the Youth Courts Act (JGG). It also contains some transitional provisions for the application of the new law. In the course of the legal reorganization of child and youth welfare, these changes to other laws had become necessary because they contradicted the new regulations. The last change took place in 1995 and in 1996 the last temporary restrictions set in the KJHG for the implementation of SGB VIII were no longer applicable.

In linguistic usage, "KJHG" is occasionally equated with "SGB VIII", although SGB VIII is legally correct only corresponds to Article 1 of the KJHG.

Goals of the KJHG

With the KJHG of 1990, the political and professional criticism of the control and intervention orientation of the previous Youth Welfare Act was taken up and an offer and 'service law' was created for children, young people and their parents, which relies on support and offers of help. The entry into force of the KJHG is therefore also seen as a paradigm shift in child and youth welfare in Germany.

On the one hand, its design is now that of a modern benefit law; on the other hand, it continues traditions that were established as early as 1920 by the Reich School Conference and were incorporated into the Reich Youth Welfare Act (RJWG), which came into force in 1924 : Child and youth welfare remains part of the social system; the offers should essentially be provided by the independent institutions ; the performance obligation lies predominantly with the municipalities ; the youth welfare office remains in its double structure - consisting of administration and youth welfare committee  . A special form of the subsidiarity principle (in the sense of youth welfare law, the priority of independent organizations over public service providers; the priority of self-help and support through free welfare care over public responsibility) finds its early basis here. These roots still determine the essential structural principles of child and youth welfare in Germany today.

Beneficiaries and scope of services

SGB ​​VIII regulates the benefits for young people ( children , adolescents , young adults ) and their parents and custodians who are actually resident in Germany. On the nationality it does not matter ( § 6 para. 1 sentence 1 SGB VIII). However, foreigners have to stay in Germany legally or on the basis of a foreigner's legal toleration ( Section 6, Paragraph 2, SGB VIII). Certain regulations of supranational and intergovernmental law on the international competence of the German authorities must be taken into account ( Section 6 (4) SGB VIII).

The public youth welfare agencies (usually the respective state as supra- local agency and the districts and urban districts as local agencies) are responsible for ensuring that the services are provided. Set up to carry out their duties Land youth offices and youth services a.

Services and 'other tasks' of child and youth welfare are:

Furthermore, SGB VIII regulates

  • which authority is locally and materially responsible,
  • the structure of the youth welfare office and the state youth welfare office,
  • Data protection matters ,
  • (recently also) quality assurance measures for youth welfare,
  • the ratio of child and youth welfare benefits to benefits provided by others under SGB XII (social assistance) has priority, and subordinate to benefits provided by employment agencies.

The offers (services), facilities and services are mostly provided by the independent youth welfare organizations. However, the state of Berlin has 12 district-owned EFBs. The 'other tasks', such as B. Assistance , notarizations and approval of negative certificates can only be perceived by the youth welfare office.

The regulation of child and youth welfare belongs to the area of competing legislation and the federal government has made use of its right to regulate with SGB VIII. As in many federal laws, however, only the framework is determined in SGB VIII; the details are specified in state implementation laws ( AG KJHG ) and can be regulated differently in different federal states. The implementation is gem. Section 85 of the Book of the Social Code (SGB VIII) predominantly with the local public youth welfare organizations (generally the districts and urban districts) unless the supra-local authority is responsible (generally the state or regional associations). Further information can be found in the article: Child and youth welfare .

The SGB VIII has been revised, changed and amended many times since 1991, around 40 times by 2012. It was substantially revised as part of the reorganization of the pregnancy and family law in 1992, with which the legal entitlement to a kindergarten place was determined by federal law. SGB ​​VIII has made significant changes through the Day Care Expansion Act (TAG) of December 27, 2004 (see: Child Day Care ), the Act on the Further Development of Child and Youth Welfare (Child and Youth Welfare Development Act - KICK) of September 8, 2005 and the KiföG Child Promotion Act from December 10, 2008.

Procedure

In general, for the administrative procedure of SGB VIII, as for all special parts of the Social Security Code, SGB ​​X and additionally SGB ​​I , unless something else is determined for individual tasks, e.g. B. the former FGG , the FamFG no longer contains any tasks.

No application requirement Like social welfare benefits, youth welfare benefits are not dependent on a formal application . In contrast to social welfare ( § 18 SGB ​​XII there ), youth welfare services do not start when a possible need for educational help or integration assistance becomes known . What is needed is a clear expression of will of the legal guardian or the young full age to want to seek help. Only Section 35a of Book VIII of the Social Code justifies an independent legal claim of the minor against the cost bearer. The costs of youth welfare are only taken over if the youth welfare office has made the cost decision on the basis of its own investigations. This includes that the youth welfare office has determined a need for educational help, help for young adults or a mental disability within the meaning of Section 35a of Book VIII of the Social Code and has made a decision about suitable offers of help in individual cases ( Section 36a of Book VIII). The possibility of receiving reimbursement of costs for self-procured help without a prior decision by the youth welfare office is limited to narrow exceptional cases ( Section 36a, Paragraph 2 of Book VIII of the Social Code).

Participation and assistance plan On § 36 SGB VIII, the above mentioned paradigm shift evident in the public youth welfare. Instead of a unilateral administrative decision by the youth welfare office, Section 36 of Book VIII of the Social Code requires cooperation between the authorities' experts and those seeking help. Comprehensive advice is part of the cooperation. The help process and the decision of the youth welfare office must be documented in a help plan . The paradigm shift in favor of a legal claim to support in special life situations in Section 50 (1) SGB VIII, for which youth welfare creates resources and measures, and must offer them to parents / children and provide them on request, was also implemented when participating in family court proceedings . The right to have a say in proceedings of the parents regarding the children was described in detail § 50 (2) SGB VIII so that the success of a service to be granted (both parents and children) is not questioned § 64 (1) SGB VIII. This solved that Legal relationship with the courts and illustrates the unrestricted right of parents and children to take measures alongside legal proceedings. The possible participation of the YES according to § 162 (2) FamFG in the proceedings of the parents with the introduction of the FamFG does not change anything in the tasks and powers of the youth welfare office from the SGB VIII.

Appeal to have been Anyone who believes that violated his rights, may object to the decisions of the youth office contradiction insert. The objection must be submitted in writing or for recording within one month. After the notice of objection has been issued, an action can be brought if the objection has not been remedied. The courts of administrative jurisdiction are responsible for disputes in matters of youth welfare . In some federal states, including Lower Saxony and North Rhine-Westphalia, the objection procedure has largely been abolished, so that direct legal action is open there. In Bavaria there is a right to choose whether a decision is to be brought about in the context of an objection procedure or via the first instance legal action.

In the case of discretionary decisions by the youth welfare office, the court only checks whether the decision was made without any errors of judgment. If that is the case, the court will not overturn the youth welfare office's decision. In contrast, the interpretation of indefinite legal terms such as B. "An education appropriate to the best interests of the child or young person" ( Section 27, Paragraph 1 of Book VIII of the Social Code), which is subject to unrestricted review by the administrative court.

privacy

Book VIII of the Social Code also contains special law on social data protection ( § 61 to § 68 of Book VIII of the Social Code). The success of personal and educational help usually depends on a special relationship of trust ( Section 65 of Book VIII of the Social Code). For other tasks of the Youth Office as Amtspflegschaft , Amtsvormundschaft , curatorship and supervising guardian , however, applies only to § 68 SGB VIII. Privacy issues can be pursued at the State Data Protection Supervisor, there also fines imposed (Since the amendment DSGVO 2015) and compensation be recovered. This also applies to violations of the information obligation and failure to provide information.

reform

The Federal Ministry for Family, Seniors, Women and Youth has been working on further modernizing child and youth welfare since 2016. In 2017, a ministerial draft for an amendment law, the so-called Child and Youth Strengthening Act (KJSG) was created. Due to ongoing criticism from the association, the draft was removed from the Federal Council's agenda. In November 2018, a new dialogue process to modernize child and youth welfare began on the initiative of the BMFSFJ . Last but not least, the crisis triggered by the COVID-19 pandemic has led to the reform discussion falling asleep in mid-2020 and no changes to be expected in the rest of the legislative period.

See also

literature

  • Johannes Münder, Thomas Trenczek (ed.): Child and youth welfare law . 8th edition. Nomos, Baden-Baden 2015, ISBN 978-3-8252-4498-9
  • Manfred Günther : "Child and youth welfare law. An overview for educators, psychologists, paediatricians and politicians". Springer Wiesbaden 2019 ISBN 978-3-658-28166-3
  • Hans Schleicher: Youth and Family Law . 13th edition. Verlag CH Beck, Munich 2010, ISBN 978-3-406-61062-2
  • Christian Bernzen, Anna-Maria Bruder: Legal foundations of child and youth welfare. In: Karin Böllert (Ed.): Compendium Child and Youth Welfare. Springer VS, Wiesbaden, 2017, pp. 131–164

Comments

  • Fieseler, Schleicher, Busch, Wabnitz: Child and youth welfare law. Community commentary on SGB VIII . Neuwied 1998, status: 39th act. July 2010
  • Hauck, Noftz: SGB ​​VIII Child and Youth Welfare - loose-leaf collection with the latest delivery . ISBN 978-3-503-03183-2
  • Winfried Möller, Christoph Nix u. a .: Short commentary on SGB VIII - child and youth welfare . 2006/2007, ISBN 3-8252-2859-2
  • Johannes Münder, Thomas Meysen, Thomas Trenczek (eds.): Frankfurt commentary on SGB VIII: Child and youth welfare. 8th edition. Nomos, Baden-Baden 2018, ISBN 978-3-8487-2232-7
  • Walter Schellhorn , Lothar Fischer , Horst Mann, Helmut Schellhorn, Christoph Kern (eds.): SGB ​​VIII / KJHG child and youth welfare. Comment . 4th edition. 2011, Verlag Luchterhand, ISBN 978-3-472-07977-4
  • Reinhard Wiesner u. a .: SGB ​​VIII (SGB) - child and youth welfare . 4th edition. Munich 2011, ISBN 978-3-406-59710-7

Web links

Individual evidence

  1. ↑ Text of the Child and Youth Welfare Act - KJHG
  2. ↑ cf. Draft law to improve the accommodation, care and care of foreign children and young people BT-Drs. 18/5921 of September 7, 2015, p. 22
  3. ↑ Services and other tasks of child and youth welfare. On the entitlement of foreign children under domestic, supra-national and international law, Scientific Services of the German Bundestag , elaboration dated June 30, 2016
  4. ↑ a b SGB ​​VIII reform. Federal Association of Unaccompanied Minor Refugees, accessed on December 3, 2018 .