Child Day Care; Applying for a Day Care License

A person who intends to care for one or more children under the age of 14 outside the legal guardian’s household for part of the day and for more than 15 hours per week in exchange for compensation for a period longer than three months must obtain a permit under Section 43 of Book VIII of the Social Code (SGB VIII). This permit is issued by the locally responsible youth welfare office (Section 87a of SGB VIII).

The childcare permit is valid for five years and may be subject to additional conditions.

The permit authorizes the care of up to five children who are not related to the caregiver and are present at the same time. In individual cases, the permit may be limited to fewer than five children (e.g., if the premises are too small for five children). The total number of children to be cared for is limited to eight care relationships.

Large-scale daycare is a form of child daycare in which several child care providers (max. 3 regularly employed child care providers) care for the children assigned to them contractually and personally in shared premises (the large-scale day care center). As a general rule, no more than three child care providers may be employed on a permanent basis in large-scale day care in Bavaria, and no more than ten children may be present at the same time (a maximum of 16 care arrangements in total). If more than eight children are being cared for at the same time, at least one of the child care providers must be a qualified early childhood educator.

Requirements for eligibility as a caregiver include, among other things, personal, professional, and health-related suitability. For example, the following criteria are assessed:

• personal suitability and qualifications that enable one to provide child care*
• a suitable home environment/space for caring for children
• the well-being of the child in day care must be ensured (as well as that of any children already living in the family)
• Stable financial circumstances

* Daycare providers should have in-depth knowledge of the requirements for child daycare (Sections 23, 43 of SGB VIII). This knowledge is typically taught in a training course.

The responsible youth welfare office determines the scope of this course or the possible (partial) recognition of other qualifications in this regard. A minimum of 160 hours of training is required for state reimbursement. In addition, child care providers must be willing to participate in regular continuing education totaling at least 15 hours per year.

Childcare providers who care for children under one year of age are eligible for state funding if they are working as educational as defined in § 16 AVBayKiBiG, or if they can demonstrate a qualification as defined in Art. 20, sentence 1, no. 1 BayKiBiG totaling at least 300 hours.

The courses also serve to foster networking and mutual exchange among participants.

Before you submit the application for permission, you should seek advice from the Youth Welfare Office. There, you will learn exactly which requirements you must meet and what supporting documentation you need to provide.

You can then submit the application in writing to the responsible Youth Welfare Office or file it in person. According to Section 87a(1) of Book VIII of the Social Code (SGB VIII), the Youth Welfare Office with local jurisdiction is the one within whose jurisdiction the child care provider carries out their work. If the child care provider works within the jurisdiction of multiple local agencies, the local agency responsible is the one in whose jurisdiction the child care provider has their habitual residence.

The youth welfare office reviews the provider’s qualifications and the premises.

If the requirements are met, the permit is granted.

Child care may only be provided after the license has been granted.

Pursuant to Section 43(3), sentence 4, of SGB VIII, a child care license is legally limited to a term of 5 years.

You may apply for an extension before the permit expires.

• During your consultation with your local youth welfare office, you will learn exactly which documents you need—these include, among others:
  
  • Extended Criminal Record Check
  • Brief resume
  • Certificates of training
  • Certificate for the course “First Aid in Educational and Childcare Facilities”
  • Educational concept, including, in particular, information on
    • General Conditions
    • Family Structure
    • Goals of the educational work
    • Conditions for children’s development
    • Opportunities for learning and support
    • Health Education, Nutrition
    • Daily Routine
    • Goals and Approaches to Parent Involvement, Collaboration with Organizations and Institutions