The youth welfare office is entitled and obliged to take a child or young person into its care. This is particularly the case if the child or young person requests it or if there is an urgent risk to the child's welfare that requires it to be taken into care and the legal guardians do not object or a family court decision cannot be obtained in time.
While the child is being taken into care, the youth welfare office has extensive powers to act directly, in particular it is entitled to take all legal actions that are necessary for the welfare of the child or young person (e.g. arranging necessary medical examinations). Taking a child into care is also associated with the authority to temporarily place them with a suitable person, facility or other (suitable) form of accommodation (e.g. child protection centers, standby foster homes, etc.).
If the custodial parents or legal guardians object to being taken into care, the youth welfare office must immediately obtain a decision from the family court on the necessary measures for the welfare of the child or young person if, in its opinion, the welfare of the child is at risk and the custodial parents or legal guardians are not willing or able to avert the risk.
Foreign children and young people who come to Germany unaccompanied are also taken into care by the youth welfare office. As part of the temporary custody, the Youth Welfare Office will check whether there are any reasons why the young person should not be transferred to another federal state.