Independent youth welfare organization; application for recognition according to § 75 SGB VIII

Who can be recognized?

Legal entities (e.g. registered associations, limited liability companies, public limited companies, foundations under civil law) and associations of persons (e.g. unregistered associations) that are active in the field of child and youth welfare and meet all the requirements set out in Section 75 (I) SGB VIII can be recognized as independent youth welfare organizations.

Recognition is not required if the organization is already recognized by law in accordance with § 75 Para. III SGB VIII. This applies to churches and religious communities under public law as well as associations of independent welfare organizations at federal level.

In Bavaria, the legal recognition includes, among others, the associations of independent welfare services that have joined together by the cut-off date of January 1, 2007 at the latest. Recognition only extends to legally independent member organizations that join at a later date if the organization is active in the field of youth welfare and is linked to the organization by the same statutes and the same activities to form an organizational unit. This must be determined separately by the competent body.

The Bayerischer Jugendring K.d.ö.R. and the youth associations and youth communities that merged on 1 January 2007 at the latest are recognized sponsors of independent youth welfare on the basis of state law. If youth associations and youth communities were admitted to the Bayerischer Jugendring after the cut-off date of January 1, 2007, they are also recognized as independent youth welfare organizations.

Who is the responsible authority?

• The local youth welfare office in whose district the organization is based is responsible if the organization is essentially only active in the area of responsibility of this youth welfare office.
• The respective government in whose district the provider is based is responsible if the activity extends to several youth welfare office districts but not significantly beyond the government district.
• The Bavarian State Youth Welfare Office as part of the Bavarian Center for Family and Social Affairs (ZBFS) is responsible for organizations whose activities extend to several administrative districts but not beyond Bavaria. This does not apply to youth associations and youth communities or other organizations that are primarily active in the field of youth work.
• In all other cases, responsibility lies with the Bavarian State Ministry for Family, Labor and Social Affairs as the highest state youth authority.

The prerequisite for recognition is that the organization

• is active in the field of youth welfare within the meaning of § 1 SGB VIII,
• pursues non-profit objectives,
• can be expected to make a not insignificant contribution to the fulfillment of the tasks of youth welfare on the basis of its professional and personnel requirements, and
• offers the guarantee of work that is conducive to the objectives of the Basic Law.

The application must be submitted in writing or electronically to the competent authority together with the required documents.

• Please contact the authority responsible for you to find out which documents are required.
• The application should contain the following information:
  
  • the full statutory name according to the articles of association or partnership agreement;
  • the postal address and telephone number (of the office, if applicable);
  • a detailed description of the objectives, tasks and organizational form;
  • Names, ages, occupations and addresses of the members of the board of directors or management;
  • Number of employees;
  • Number of local groups (for regional associations);
  • Number of members at the time of application;
  • Amount of the monthly or annual membership fee;
  • Date of commencement of activity in the field of youth welfare;
  • Information on the fulfillment of the protection mandate in the event of child endangerment in accordance with § 8a SGB VIII and on ensuring the personal suitability of staff (full-time and voluntary) in accordance with § 72a SGB VIII;
  • Information on cooperation with other youth welfare organizations.
• The application should be accompanied by:
  
  • the articles of association or partnership agreement and, if applicable, the rules of procedure and, in the case of sponsors that are part of an overall organization, the articles of association of the overall organization;
  • a certificate from the tax office confirming non-profit status in accordance with the German Tax Code (AO);
  • a factual report on the activities in the field of youth welfare within the last year prior to the application;
  • the organization's prevention and protection concept, including declarations of commitment and/or agreements with the Youth Welfare Office on fulfilling the protection mandate in the event of child endangerment in accordance with Section 8a SGB VIII and on ensuring personally suitable staff (full-time and voluntary) in accordance with Section 72a SGB VIII;
  • a copy of the latest edition of all publications of the applicant;
  • for registered associations: Extract from the register of associations; providers that are not organized as associations must submit corresponding documents
  • for regional associations: a list of the subdivisions belonging to the regional association with their addresses
  • for state associations: a list of the subdivisions belonging to the state association with their addresses.

No fees are charged.

Costs may be incurred for the provision of documents (e.g. extract from the register of associations, etc.).