Basic legal standards
in the area of child protection
Parents have a strong legal position in Germany. According to Article 6, Paragraph 1 of the Basic Law, marriage and family are under the special protection of the state. Paragraph 2 states:
"The care and upbringing of children are the natural right of parents and the duty incumbent upon them first and foremost."
After the totalitarian experiences of National Socialism, the drafters of the Basic Law expressly took care to strengthen parental rights in the constitution. These parental rights therefore offer reliable protection against arbitrary interference by the state.
In recent years, legislators have made lasting improvements to the protection of children and young people and have passed various laws or law books. In addition to SGB VIII on child and youth law, these include the Federal Child Protection Act and the Act on Cooperation and Information in Child Protection (KKG).
Below you will find the basic legal norms in the area of child protection.
Basic Law
with Article 6
(1) Marriage and family are under the special protection of the state order.
(2) The care and upbringing of children are the natural right of parents and their primary duty. The state community shall supervise their activities.
(3) Children may only be separated from the family against the will of the legal guardians on the basis of a law if the legal guardians fail or if the children are in danger of being neglected for other reasons.
(4) Every mother shall be entitled to the protection and care of the community.
(5) Legislation shall create the same conditions for the physical and emotional development of illegitimate children and their position in society as for legitimate children.
Bavarian Constitution
with Articles 125 and 126
ART. 125
(1) Children are a nation's most precious asset. They shall have the right to develop into personalities capable of self-determination and responsibility. Every mother is entitled to the protection and care of the state.
(2) The maintenance, health and social promotion of the family is a joint task of the state and the municipalities.
(3) Families with many children are entitled to adequate care, in particular to healthy housing.
ART. 126
(1) Parents have the natural right and the paramount duty to bring up their children to be physically, mentally and emotionally fit. They are to be supported in this by the state and the municipalities. In matters of personal upbringing, the will of the parents shall be decisive.
(2) Children born out of wedlock are entitled to the same support as legitimate children.
(3) Children and adolescents shall be protected by state and municipal measures and facilities against exploitation and against moral, mental and physical neglect and abuse. Welfare education is only permissible on a statutory basis.
Federal Child Protection Act
Law on the protection of children and young people
The Federal Child Protection Act came into force on January 1, 2012. The law stands for comprehensive improvements in child protection in Germany. It promotes prevention and intervention in child protection in equal measure and strengthens all stakeholders who are committed to the well-being of children - from parents, pediatricians and midwives to youth welfare offices and family courts.
The core of the Federal Child Protection Act (BKiSchG) is the Act on Cooperation and Information in Child Protection (KKG). The BKiSchG also includes amendments to various existing laws.
Here you will find the legal text of the Federal Child Protection Act and a brief summary.
The Act on Cooperation and Information in Child Protection (KKG), which also came into force on 01.01.2012, is directly related to the Federal Child Protection Act.
Law on cooperation and information in child protection
Cooperation and mutual information in child protection
The Act on Cooperation and Information in Child Protection ( KKG ) came into force on 01.01.2012. It is directly related to the Federal Child Protection Act and regulates cooperation as well as the provision of advice and information by confidential sources in cases of child endangerment. The core of the Federal Child Protection Act (BKiSchG) is the Act on Cooperation and Information in Child Protection (KKG).
If there are serious indications that the welfare of a child or young person is at risk, the KKG requires the involvement of the youth welfare office or other agencies (police).
Section 4 (2) of the KKG introduces a right to advice from an "experienced professional" regarding risk assessment for persons subject to professional secrecy, with the provision of pseudonymized data.
SGB VIII - Child and youth welfare
The Eighth Book of the German Social Code (SGB VIII) Child and Youth Welfare comprises the federal regulations concerning child and youth welfare.
It regulates the services provided to young people and their families on a nationwide basis. The public youth welfare organizations are responsible for ensuring that the services described in SGB VIII are provided. In Bavaria, the higher-level provider is the state youth welfare office and the local provider is the city of Hof or other independent cities or districts.
SGB XII - Social assistance
The Twelfth Book of the German Social Code (SGB XII) has replaced the former Federal Social Assistance Act (BSHG).
It includes the following types of social assistance: assistance with living expenses, basic security in old age and in the event of reduced earning capacity, assistance with health, integration assistance for disabled people, assistance with care, assistance to overcome particular social difficulties, assistance in other life situations.
