Definition and Significance of Child and Youth Welfare
Die Child and Youth Welfare is a central component of German social law and refers to the public-law system of services and duties aimed at promoting, protecting, and supporting children, adolescents, and young adults, as well as their families, especially in special life situations. The legal foundations of child and youth welfare are set out in Book Eight of the Social Code (SGB VIII) in particular. It includes preventive, promotional, advisory, and protective measures and forms a fundamental pillar of the government care system.
Legal Framework of Child and Youth Welfare
A. Social Code Book Eight (SGB VIII)
SGB VIII, also referred to as the Child and Youth Welfare Act, forms the comprehensive legal basis for child and youth welfare in Germany. It entered into force on January 1, 1991 and has since been amended several times to accommodate social developments.The main areas governed include in particular:
- Services of Child and Youth Welfare (Sections 2 et seq. SGB VIII)
- Principles and Duties (Sections 1, 3, 4, 8a SGB VIII)
- Organizational Structure and Administration (Sections 69 et seq. SGB VIII)
- Participation Rights of Children and Adolescents
SGB VIII also differentiates between individual legal entitlements and so-called obligations to provide services by the public child and youth welfare authority.
B. Other Relevant Legal Provisions
In addition to SGB VIII, regulations from other areas of law closely interact with child and youth welfare, in particular:
- Civil Code (BGB) (e.g., custody, access rights)
- Child Protection Act (KKG)
- State School Acts
- Residential Care Law
- Procedural Law (e.g., FamFG, SGB X)
- Data Protection Law (esp. GDPR and Section 65 SGB X)
Providers and Organization of Child and Youth Welfare
Public and Independent Providers
The implementation of child and youth welfare is the responsibility of the public provider, the Youth Welfare Office (Section 69 SGB VIII). Responsibility lies with the districts and independent cities. In addition, independent providers (e.g., welfare associations, church organizations) are important stakeholders and can provide services independently, provided they are suitable and recognized (§§ 75 et seq. SGB VIII).
Structures and Cooperation
Child and youth welfare is characterized by cooperative interaction among various institutions and services to ensure comprehensive and coordinated support. The relevant structures include:
- Youth Welfare Offices (public providers)
- Youth Welfare Committees
- State Youth Welfare Offices
- Independent Providers and Associations
- Cooperation Partners (schools, health services, judiciary)
Services of Child and Youth Welfare
Services and Types of Assistance
SGB VIII essentially distinguishes between individual, group, und and institutional services, which are tailored to the specific needs of children, adolescents, and families. The main services at a glance:
1. General Support and Advisory Services
- General Support of Parenting in the Family (Sections 16 et seq. SGB VIII)
- Youth Work and Youth Social Work (Sections 11, 13 SGB VIII)
- Educational Child and Youth Protection (Section 14 SGB VIII)
- Support for Childcare Centers and Day Care
2. Child and Youth Protection Services
- Taking into Care (Section 42 SGB VIII)
- Educational Assistance (Sections 27 et seq. SGB VIII)
– Social Pedagogical Family Assistance
– Educational Counseling
– Residential Care and Other Supervised Living Arrangements
- Assistance for Young Adults (Section 41 SGB VIII)
- Assistance in Cases of Child Welfare Endangerment (Section 8a SGB VIII)
3. Other Measures
- Participation in Family Court Proceedings (Section 50 SGB VIII)
- Adoption Placement (Section 2 Para. 2 SGB VIII, AdVermiG)
- Integration and Support Measures for Young People with Disabilities (Section 35a SGB VIII)
Legal Entitlements and Access to Services
Eligibility Requirements and Procedures
SGB VIII provides for many types of support and services to have the character of a legal entitlement , e.g., for day care (Section 24 SGB VIII) or certain educational assistance (Section 27 SGB VIII). A regular prerequisite is a need arising from child welfare endangerment, developmental impediments, or significant parenting problems.
The procedure for granting services generally includes:
- Application by the Youth Welfare Office or independent provider
- Needs Assessment and Support Planning Procedure (Section 36 SGB VIII)
- Decision on Provision and Design of Assistance
- Possibility to file an objection or lawsuit in the social administrative process (SGB X, SGG)
Legal Duty to Protect in Case of Child Welfare Endangerment
Content and Scope of the Duty to Protect
The legal duty to protect in cases of child welfare endangerment (Section 8a SGB VIII) obliges the providers of public youth welfare to intervene when there are substantial indications of endangerment to the well-being of a child or adolescent. The focus is on risk assessment and initiating appropriate protective measures.Key instruments include, among others:
- Risk assessment with the involvement of additional professionals
- Involvement of the persons with parental responsibility and the child/adolescent
- Provision of Educational Assistance
- Taking into Care in Emergencies
Child Protection and Cooperation with Other Institutions
The duty to protect also includes cooperation with other institutions (schools, police, health services) and mandates networking and communication in cases of suspected child welfare endangerment (Section 8b SGB VIII, Section 4 KKG).
Participation Rights of Children, Adolescents, and Parents
Participation, Advice, and Complaint Options
Children, adolescents, and their parents have the right to participation and co-determination in all decisions and planning that affect them (Section 8 SGB VIII). This includes the right to information, advice, application, and complaint.
Key rights include:
- Right to be heard
- Right to express preferences and choose between support options (Section 5 SGB VIII)
- Right to complain, also in institutional contexts
Financing and Cost Law
Financing System
The financing of child and youth welfare is primarily through public funds from the federal states and municipalities. In addition, parents or persons with parental responsibility may be required to make personal contributions, especially for certain types of assistance (e.g., cost-sharing in residential care).
Cost Participation and Allocation
Sections 91 et seq. SGB VIII provide detailed regulations on cost contributions as well as claims for cost reimbursement between providers for assistance that crosses state boundaries.
Supervision, Control, and Further Development
Legal and Professional Supervision
Supervision of child and youth welfare is exercised by the state youth welfare offices and the responsible state ministries (Section 85 SGB VIII). These bodies also accompany further development of quality and the safeguarding of standards.
Quality Development
Key aspects of quality development are advanced training, evaluation, maintaining standards, and ensuring accessible complaint procedures.
European and International Law References
International Child Protection and the UN Convention on the Rights of the Child
German child and youth welfare is embedded in international standards, in particular the UN Convention on the Rights of the Child (UN CRC), where the primacy of the welfare of the child (Art. 3 UN CRC) and participation rights (Art. 12 UN CRC) are of central importance. The European Social Charter and EU Directives also set further requirements and minimum standards.
Literature and Further Legal Texts
- Social Code Book Eight (SGB VIII) – Child and Youth Welfare
- Child Protection Act (KKG)
- Civil Code (BGB) – Family and Child Law
- UN Convention on the Rights of the Child
Conclusion: Child and youth welfare forms a comprehensive system of protection, promotion, and support for young people and families in Germany. It combines preventive, supportive, and interventionist services and obliges public authorities to a high degree of cooperation, transparency, and participation. Access to services and the duty to protect are governed in detail by law and are subject to ongoing development to meet the demands of child protection and social participation.
Frequently Asked Questions
What services are included in child and youth welfare according to SGB VIII?
Child and youth welfare under Book Eight of the Social Code (SGB VIII) encompasses a broad spectrum of services that legally support and promote children, adolescents, and their parents and guardians. Key services include support for children in day-care facilities and child day care (Sections 22 et seq. SGB VIII), educational assistance (Sections 27 et seq. SGB VIII) such as parenting counseling, social pedagogical family assistance, residential care, and full-time foster care, integration assistance for children and adolescents with psychological disabilities (Section 35a SGB VIII), youth work (Sections 11 et seq. SGB VIII), as well as support for education in the family (Sections 16 et seq. SGB VIII). These services are supplemented by child and youth protection, participation in proceedings before family courts (Section 50 SGB VIII), assistance in asserting maintenance or access rights, as well as services for young adults. All claims to these services have a legal framework based on, among other things, subsidiarity, the right to express preferences and choose between support options (Section 5 SGB VIII), and the child’s well-being.
When is there a legal entitlement to educational assistance?
A legal entitlement to educational assistance pursuant to Section 27 SGB VIII exists if an upbringing suitable for the well-being of the child or adolescent is not guaranteed and the assistance appears suitable and necessary for their development. The application can be made by the persons with parental authority, whereby the Youth Welfare Office assesses the need for assistance and, as part of the support planning process (Section 36 SGB VIII), decides jointly with the family on the type and scope of assistance. Assistance can be provided on an outpatient, semi-inpatient, or inpatient basis and is tailored individually. If the application is rejected, those affected have access to administrative legal protection, especially the objection and legal action procedures before the administrative courts.
What participation and consultation rights do parents have in youth welfare procedures?
Parents, guardians, or persons with access rights have various rights to participate and be consulted in youth welfare procedures. According to Section 36 SGB VIII, the Youth Welfare Office is required to involve them in support planning, to comprehensively inform them, and to give due consideration to their wishes and ideas regarding the type and form of assistance. The so-called right to express preferences and choose between support options (Section 5 SGB VIII) enables families to choose between different types of services or providers, as long as this does not involve disproportionate additional costs or conflict with other legitimate interests. These rights are complemented by opportunities for complaint and participation, especially in the context of support planning meetings and family court proceedings.
What role does the Youth Welfare Office play in child protection and what are its powers?
The Youth Welfare Office exercises a key supervisory role in child protection pursuant to Section 1 (3) No. 3 SGB VIII. It is obligated to investigate a suspicion of endangerment to the child’s welfare (Section 8a SGB VIII). In cases of significant indications, it is required to conduct a risk assessment and, if necessary, to carry out protection measures, which also include taking into care under Section 42 SGB VIII. In doing so, the Youth Welfare Office may temporarily remove children or adolescents from their family environment in cases of acute danger. The Youth Welfare Office is obliged to cooperate with all parties involved and, if necessary, to involve other authorities and the family court, especially when fundamental interventions in parental custody are necessary.
What rights do children and adolescents have in youth welfare?
Children and adolescents are independent holders of rights in child and youth welfare. Under Section 8 SGB VIII, they have the right to advice and participation, to discuss their concerns with the Youth Welfare Office, and to age-appropriate information about support options. They can also approach the Youth Welfare Office independently, especially in cases of family problems or risks to their well-being. In institutionalized assistance, they are entitled to lodge complaints. In addition, the participation of children and adolescents is a vital part of the support planning procedure (Section 36 SGB VIII); their wishes and views must be taken into account appropriately. Where applicable, they also have the right to express preferences and choose between support options.
Is there a cost for using youth welfare services?
The costs for most youth welfare services are generally covered by the provider of public youth welfare. Exceptions are certain residential services, such as residential care or full-time foster care, for which the Youth Welfare Office can charge income-dependent contributions to costs in accordance with Sections 91 et seq. SGB VIII. Allowances and socially compatible calculations are taken into account. Services such as counseling, outpatient assistance, or support in day-care facilities are generally free of charge, apart from any possible parental contributions in the area of child day care, the amount and rules for which are determined by state law. Advice provided by the Youth Welfare Office is always free of charge.
How does the procedure before the family court proceed in cases involving youth welfare measures?
If, in serious cases (e.g., where the child’s welfare is at risk pursuant to Section 1666 BGB), measures by the family court become necessary, the youth welfare office, as a party to the proceedings, is obliged to support the family court. The judicial procedure is characterized by the involvement of all relevant parties—in particular, the parents, the child, and the youth welfare office. The youth welfare office submits a professional assessment; the judge hears the child in an appropriate manner and, as a rule, appoints a procedural guardian (“child’s advocate”) in accordance with Section 158 FamFG. The court decides on the basis of professional and pedagogical assessments regarding educational measures, interventions in custody rights, up to and including complete withdrawal of custody. Court decisions must always prioritize the child’s best interests and are subject to the principle of proportionality. Parents and children have the right to appeal against the court’s decisions.
