Remaining a child in foster caregiver's order Unfortunately this specification of service has not yet been completely translated.

If you are a foster parent for a foster child, you have the right to apply to the Family Court for the foster child to remain in the foster family if the biological parents want to take the child away from there.

If the conditions in a family of origin of a foster child do not improve within a reasonable period of time, according to the assessment of the Youth Office, the child will be permanently placed in a foster family. If the biological parents do not agree with this decision, the family court may order that they remain in the foster family.

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Preconditions

In order to be able to submit an application for the retention of a foster child in the foster family to the Family Court, an effective request for surrender must be made by the parents of the child or by someone who has the right to determine the child's residence. In order for an order to remain in place, the General Court continues to examine the following conditions:

  • The foster child has had to live in your family for a long time, has integrated and developed close relationships.
  • A return to the family of the biological parents would jeopardize the further development of the child.

The guideline value of 'longer period' is an indeterminate legal concept which must be assessed on a case-by-case basis. The relevant criteria here are the age of the child and his or her background.

In addition to the application for the child to remain in the foster family, an urgent application for "remission of a provisional order to remain" may also be made.

Related Links

  • Section 1632 Of the Civil Code (BGB)
  • Section 186 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

As a carer, you apply to the Family Court for the child to remain in the foster family.

  • The court must also act of its own motion, so that the Youth Office can also make an application to that effect.
  • Pending the conclusion of the proceedings, the court may issue an interim injunction requiring the foster child to remain with the foster family until a decision is taken.
  • The Family Court will usually hear you as the applicant carer and the parents and also the child in person. It will also normally seek an opinion from the competent youth office and, if necessary, the guardianship, and will appoint a so-called procedural assistance to the child, who represents the interests of the child in the proceedings.
  • Foster children aged 14 and over must always be heard by the court in proceedings concerning personal or property care. A child under the age of 14 shall be heard if his inclinations, ties or will are relevant to the decision or if it appears necessary to establish the facts.
  • In addition, further investigative steps are considered, in particular the obtaining of a psychological expert report.
  • After carrying out these investigative steps and procedural acts, the Family Court will decide on the application to remain by order.
  • In any event, the judicial decision is based on the so-called 'child welfare principle'. The judicial decision is therefore not based on the subjective wishes of the parents or foster parents. Rather, it must be ensured that the child is not harmed in a sustainable way by breaking off a relationship.

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Last update or date of publication
10.11.2020