Children and Adolescents; Placement in the Care of the Youth Welfare Office

The Youth Welfare Office has the right and the duty to take a child or adolescent into its care. This is particularly the case when the child or adolescent requests it, or when an urgent threat to the child’s well-being necessitates taking the child into custody, and the legal guardians do not object or a family court decision cannot be obtained in a timely manner.

While the child is in its care, the Youth Welfare Office has broad powers to take immediate action; in particular, it is authorized to take all legal steps necessary for the welfare of the child or adolescent (e.g., arranging for necessary medical examinations). Taking a child into custody also includes the authority to provide temporary placement with a suitable person, institution, or other (suitable) living arrangement (e.g., child protection agencies, emergency foster care facilities, etc.).

If the legal guardians or custodial parents object to the taking into custody, the Youth Welfare Office must, provided that in its assessment there is a risk to the child’s well-being and the legal guardians or custodial parents are unwilling or unable to avert the risk, it must immediately seek a decision from the family court regarding the necessary measures for the welfare of the child or adolescent.

Foreign children and adolescents who arrive in Germany unaccompanied are also taken into custody by the Youth Welfare Office. As part of the preliminary placement, the Youth Welfare Office examines, among other things, whether there are reasons that would prevent the young people from being placed in other federal states.

Information on Child Endangerment

If you suspect that a child is being abused or sexually abused, please contact the General Social Services Department of the Youth Welfare Office. You can also seek anonymous counseling or submit an anonymous report to the General Social Services Department. The Youth Welfare Office is not required to report such cases to law enforcement. You can help protect children.

Child Abuse, Violence Against Children

Abuse is defined as physical or psychological violence, or neglect, that causes harm to the health of children and adolescents or impairs their development.

Visible signs may include: bruises, welts, contusions, scalds, burns, emaciation, or neglect. Audible signs include screaming, crying, or struggling.

Violent acts against children are often triggered by situations in which adults feel overwhelmed, such as family stress, financial hardship, illness, or unemployment. To protect children, parents, relatives, friends, neighbors, and professionals (e.g., at daycare centers and schools) must be vigilant and take responsibility.

It is the responsibility of General Social Services staff to investigate every report of concern that indicates a risk to a child’s well-being. It must be determined, in consultation with the affected family, whether counseling or support through outpatient services is sufficient to enable the parents to fulfill their responsibilities and create a supportive living environment for the child.

If this is not possible, it may become necessary to remove children from the stressful situation in order to protect them. Even in such situations, it is the responsibility of the Youth Welfare Office to engage the parents and empower them to the extent that the children can return to the family.

Sexual Abuse

Sexual abuse occurs when a child is used for the sexual gratification of an adult or an older child or adolescent. This includes, among other things, when a person

• touches a child for their own sexual arousal or allows the child to touch them.
• forces or persuades a child to expose themselves or to watch sexual acts.
• forces or persuades a child to engage in oral, anal, or vaginal intercourse.

Sexual abuse can begin well below the threshold of the examples mentioned above! Children and adolescents are often unable to report sexual abuse directly. They feel guilty, ashamed, and/or are forced by the perpetrator to keep it a secret. For mothers and fathers, the suspicion that their own child may have been a victim of sexual abuse is an extreme burden—especially if the perpetrator is a family member or a friend.

The General Social Services department of the Youth Welfare Office has a specialized unit for sexual violence and child sexual abuse. Here, you will receive counseling from specially trained professionals. Contact the Youth Welfare Office if you have a “bad” feeling, if you have questions, or if you notice things that make you feel uncertain or suspicious.

The Youth Welfare Office is not required to report incidents to the police! We also offer anonymous counseling.

The Youth Welfare Office has the right and the obligation to take a child or adolescent into its care if

• the child or adolescent requests placement, or
• an urgent threat to the child’s or adolescent’s well-being requires taking them into custody, and
  • the legal guardians do not object or
  • a family court decision cannot be obtained in a timely manner, or
• a foreign child or adolescent arrives in Germany unaccompanied and neither the legal guardians nor the custodial parents are residing in the country.

As part of the process of taking a young person into care, the Youth Welfare Office works with the young person and their legal guardians or custodians to determine how the current situation arose and identifies options for help and support. The Youth Welfare Office mediates in conflicts and—if necessary and helpful—arranges for further assistance. The goal is to secure the most stable and safe living arrangement possible for the young person, such as in a foster family, a youth welfare facility, or a supervised shared living arrangement.

Rights and Obligations During Placement

The Youth Welfare Office is authorized to temporarily take all legal steps necessary for the welfare of the child or adolescent. These include, among other things, supervision, care, upbringing, and determining the place of residence.

• While in the care of the Youth Welfare Office, the young person has the right to notify a person they trust.
• Youth welfare office staff are required to immediately inform the legal guardians or custodial parents and to assess the risk of harm together with them.
• Children and adolescents are involved in all decisions concerning their placement, depending on their age and stage of development.

Decision on Return to Parents

• If the legal guardians or custodial parents do not consent to the placement, the Youth Welfare Office must decide whether the child can be returned to the legal guardians or custodial parents without jeopardizing the child’s well-being.
• If this is not the case, the family court must decide what measures should be taken in the best interests of the child.

End of Placement

Placement ends when the young person is returned to the legal guardians or custodial parents and when a decision is made regarding the provision of educational assistance.  

The term “best interests of the child” encompasses the overall well-being of a child or adolescent (= minor) as well as his or her healthy development. A risk to the child’s well-being exists when a present or at least imminent danger to the child’s development is foreseeable, which, if it continues, would almost certainly result in significant harm to the child’s physical, mental, or emotional well-being. The law lists the following as criteria for a risk to the child’s well-being:

• the abusive exercise of parental authority,
• neglect of the child,
• the conduct of a third party,
• the parents’ inability, and
• the prognosis for the future.

If you notice signs of such issues in your neighborhood, among your acquaintances, or even among your relatives, please speak directly with the individuals involved and let them know that you are concerned or that you cannot and will not accept certain behaviors.

If you feel that speaking directly with the child’s legal guardians will not lead to an improvement in the child’s situation, please contact the Youth Welfare Office of the independent city or county immediately. Your anonymity will be protected.

If you feel there is an immediate danger, contact the police.

Important Phone Numbers for Youth Services

On-call service of the General Social Services for crises and emergencies:

Monday from 8:00 a.m. to 6:00 p.m., Tuesday through Thursday from 8:00 a.m. to 3:30 p.m., and Friday from 8:00 a.m. to 12:00 p.m.

Contact via the administrative office: 09131 / 86-2516

Crises and emergencies outside of business hours:

Erlangen Police Station: 09131 / 760-0
Nuremberg Child and Youth Emergency Service: 0911 / 23 13 333

The Nuremberg Children’s and Youth Emergency Service is responsible for taking children and youth into protective custody when the General Social Services are unavailable.

Counseling for youth welfare professionals and individuals who work with children or youth:

An experienced specialist from the Youth and Family Counseling Department of the City Youth Welfare Office: 09131 / 86-2295

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