Concept and legal definition of daycare centers
A daycare center (Kita) is a facility in which children are regularly cared for, supported, and educated during the day. The term “Kindertagesstätte” (daycare center) covers nurseries, kindergartens, after-school care, and mixed-age facilities. Daycare centers are a key element of public child and youth welfare in Germany and are subject to specific legal regulations at the federal and state level.
Legal foundations
The legal basis for daycare centers is primarily set by the Eighth Book of the Social Code (SGB VIII) – Child and Youth Welfare –. In addition, there are state-specific enabling laws and regulations, which govern requirements for operating permits, staffing ratios, space, as well as reporting and documentation obligations.
SGB VIII (§ 22 ff. SGB VIII)
According to § 22 SGB VIII, daycare facilities are intended to promote the development of the child, support upbringing and education, and enable the reconciliation of family and employment. Providers of daycare facilities can be public, non-profit, or private commercial entities.
State-specific implementation laws
Each federal state has enacted supplementary laws and regulations on daycare. These specify, for example:
- Requirements for structural amenities,
- Staff-to-child ratio,
- Staff qualifications,
- Parental involvement,
- Educational concept,
- Admission requirements, as well as
- Forms and circumstances of support and funding.
Daycare centers within the child and youth welfare system
Daycare centers are considered youth welfare services according to § 3 (2) SGB VIII. This entails rights and obligations for providers, supervisory authorities, and those with parental responsibility.
Types of daycare centers
Daycare centers are differentiated by type, provider, age structure, and scope of care.
Nursery
Nurseries are facilities for children up to the age of three.
Kindergarten
Kindergartens care for and support children from three years of age until they start school.
After-school care (Hort)
The after-school care center (Hort) provides supplementary support for school-age children, especially outside school hours.
Mixed-age facilities
Many facilities admit children from different age groups and offer a cross-age care concept.
Integrative and inclusive daycare centers
In these daycare centers, children with and without disabilities are cared for together.
Legal relationship between child, parents, and provider
Care contract
A private care contract is concluded between the parents or guardians and the provider of the facility. The content of this contract, such as the duration of care, obligations of the parties, and termination provisions, must be designed in accordance with the general provisions of the German Civil Code (BGB).
Public funding and legal entitlement
Pursuant to § 24 SGB VIII, children from the age of one have a legal entitlement to a place in a daycare facility. This entitlement applies until the child starts school and, according to state regulations, also for schoolchildren (Hort).
Supervision and oversight
Daycare centers are subject to licensing and supervisory obligations by the competent youth welfare authorities pursuant to § 45 SGB VIII. This includes reviewing the suitability, facilities, staffing, and compliance with educational standards.
Obligations of daycare center providers
Operating license
Operating a daycare center requires a license (§ 45 SGB VIII). The license is granted if children’s welfare appears to be assured. Key requirements include a suitable concept, qualified staff, and appropriate premises.
Staff deployment and qualifications
Daycare centers must have a sufficient number of educationally qualified specialist and auxiliary staff. The requirements are determined by the specific regulations of each state.
Documentation and record-keeping obligations
Providers are obliged to continuously document compliance with legal requirements. This includes developmental documentation, accident reports, and records of staff training.
Safeguarding duty in cases of child welfare endangerment
Daycare centers are subject to § 8a SGB VIII and are obligated to take appropriate action in cases of suspected child welfare endangerment and, if necessary, to inform the youth welfare office.
Financing and parental fees
Public funding
Daycare centers are financed through a combination of public funds (federal, state, municipality) and parental contributions. The amount and structure of funding are governed by the respective state laws.
Parental contributions
Parents are required to pay contributions toward operating costs in accordance with state law and municipal statutes. Socially graduated fees and fee exemptions are increasingly common.
Data protection and confidentiality
Daycare centers are subject to data protection laws, especially the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Confidentiality applies to all personal data of the children and their families.
Parental involvement
The legal right of parents to participate is guaranteed, usually through parent representatives or parent councils. Parental involvement extends to organizational and educational matters within the facility.
Quality assurance and evaluation
The quality of daycare centers is ensured by internal and external evaluation as well as binding education plans and inspections. Supervisory authorities regularly review compliance with legal and pedagogical standards.
Liability and insurance protection
Providers of daycare centers are obliged to provide adequate insurance coverage, especially accident and liability insurance for damage arising in the context of care relationships.
Legal protection
In case of disputes regarding care, allocation of places, or parental fees, parents may appeal to administrative or civil courts if agreement cannot be reached.
This article provides a comprehensive legal overview of the concept of daycare centers and addresses all major legal issues relating to operation, sponsorship, parental rights, and general framework conditions.
Frequently asked questions
Who is entitled to a daycare place in Germany?
In Germany, pursuant to § 24 SGB VIII (Eighth Book of the Social Code – Child and Youth Welfare), there is a legal entitlement to support in a daycare center. This right applies to children from the completed first year of life until they start school. From the child’s first birthday, municipalities are obliged to provide a place in a daycare center or child day care that meets the parents’ needs regarding scope and location. For children under one year of age, an entitlement exists only if the custodians are employed, undergoing vocational training, seeking work, or if care is needed for other significant reasons. The legal entitlement is directed against the local youth welfare provider, usually the youth welfare office of the respective municipality.
What criteria may be used for allocating daycare places?
The allocation of places in daycare centers is based on various, mostly locally defined, criteria. Legally, facilities and providers are entitled to consider certain social selection criteria, such as parental employment, single parenthood, siblings, social urgency (e.g. specific family burdens), proximity to home, and the age of the child. Discrimination based on ethnicity, religion, gender, or other inadmissible grounds is expressly prohibited. The criteria must be transparent and comprehensible. If parents are disadvantaged in the allocation process, they have the right to require the provider to offer a reasonable alternative.
How high may parental fees for a daycare center be and who sets them?
The amount of parental fees is generally determined by the municipalities or the respective daycare providers. Legally, these contributions must be structured socially in accordance with § 90 SGB VIII, i.e., they must be staggered according to the income and financial capacity of the custodians. Some federal states or municipalities offer fee-free daycare years, often the final year before school, or general fee exemptions for a certain period. The contribution rates and regulations on fee reductions, such as for siblings or low income, must be published transparently and clearly justified.
What rights do parents have if a daycare place is refused?
If an application for a daycare place is rejected, parents have the right to a written justification of the refusal. They can file an objection against the refusal and, in the next step, initiate administrative court proceedings to enforce their claim if necessary. Courts may oblige the competent youth welfare provider to provide a suitable daycare place or, in individual cases, award compensation (e.g. for lost earnings) if the place is not made available on time or at all.
Is there an entitlement to specific opening times or a specific kindergarten?
The legal entitlement essentially relates to a suitable place; that means care must be provided in a manner, extent, and at times appropriate to the family’s individual needs (for example, with shift work). However, there is no entitlement to a place in a specific facility unless the refusal of particular institutions is not objectively justified. In case of doubt, the provider is required to offer a comparable place within reasonable distance.
Are daycare centers allowed to refuse children on the grounds of disability?
According to the General Equal Treatment Act (AGG), SGB IX (Rehabilitation and Participation of People with Disabilities), and § 22 SGB VIII, daycare centers are required to admit children with (potential) disabilities and to provide inclusive care. The prohibition on discrimination and the obligation to create accessible facilities and adequate support services also apply to child daycare. Refusal is only permitted in justified exceptional cases, such as when structural or staffing requirements cannot be met at short notice.
How is data protection regulated in daycare centers?
The handling of personal data in daycare centers is governed by the General Data Protection Regulation (GDPR) and the relevant state data protection laws. Personal data (such as name, date of birth, address, health data, etc.) may only be collected, stored, and processed to the extent necessary to fulfill the care relationship or with the appropriate consent of the custodians. Facilities are required to provide information about data processing and to ensure data security. Data subjects have the right to access, correct, and erase their data.
