Care staff institution Unfortunately this specification of service has not yet been completely translated.

Are/is

  • parents with custody,
  • a parent entitled to sole custody or
  • a guardian

legally or effectively prevents individual tasks for a child represented by you/your represented child or is/is not able or willing to perform the necessary tasks, a care board for specific areas of responsibility may be set up by the district court. Some examples are given below:

  • Personal care
  • Wealth care
  • Health care
  • Right of residence
  • Representation in criminal proceedings

A caretaker is not a public "service" in the strict sense.
By including the care in the Social Code VIII as an "other task", the competent authorities are obliged to provide staff for the management of care posts.

The management of a care staff itself can be entrusted to a specific person, association or youth office. The district court decides who is to be entrusted with the leadership of the caretaker.

The actual management of a caretaker is carried out within the framework of private law. The persons who manage the care are, for their duties, perform all the tasks which would have to be carried out by the parents without this care.

If a caretaker is managed by a youth ministry, a person employed there is assigned accordingly. This person performs the tasks associated with the care on his own responsibility.

In the field of care, there are more far-reaching provisions which, due to their complexity, cannot be described in detail here.

No documents are required.

Preconditions

A care boon is not a service that is requested in the proper sense. A caretaker is set up when the district court becomes aware that a caretaker is required.

This may be the case, among other things, if:

  • parents with custody indicate that they are overwhelmed with a situation that
  • an authority indicates that a caregiver appears to be required,
  • in a court case, it is established that a caretaker must be established.

The essential condition for the establishment of a care fund is that both parents are not able to exercise parental custody in a specific area and that both parents have been deprived of parental custody in this area.

Related Links

  • §§ 52a ff Sozialgesetzbuch VIII (SGB 8)
  • §§ 1909 bis 1921 Bürgerliches Gesetzbuch (BGB)
  • § 2 Abs. 3 Nr. 11 Sozialgesetzbuch VIII (SGB 8)

Responsible for the content
Lower Saxony Ministry of Social Affairs, Health and Gender Equality

Last update or date of publication
25.07.2016