📋 Becoming independent and support planning (§ 36 SGB VIII)
In brief
§ 36 SGB VIII governs participation in the support planning procedure: before any decision on support and before any significant change, you must be advised, in a form you can understand. The support plan records the need, type of support and services and is reviewed regularly. For the transition to adulthood this means in concrete terms: becoming independent – for example steps towards living on your own, training or managing money – should be a fixed part of the support plan and not only become an issue shortly before your 18th birthday.
Step by step
- Actively demand support for becoming independentDemand early on that the topic becomes a fixed part of the support planning meeting.
- Bring in your own wishesThe right to express wishes and choose also applies to young people, not only to persons with parental care.
- Name siblings and people close to youUnder § 36 Abs. 2 Satz 3 SGB VIII, sibling relationships must be expressly taken into account in support planning.
- Insist on participation when responsibility changesIf a change to another benefit provider (e.g. integration assistance) is coming up, insist on cooperation under § 36b SGB VIII.
- Have results recorded in writingVerbal promises are hard to prove – insist on written documentation in the support plan.
Deadlines
- The usual rhythm of support planning meetings is not set by law; "regular" is interpreted differently by youth welfare offices – ask actively for an appointment if nothing has happened for a long time.
- The support plan itself is not an administrative act and therefore cannot be challenged directly by objection – what can be challenged is the notice of approval or refusal issued on its basis.
- The right to express wishes and choose does not mean unlimited free choice – the provider can invoke economic and professional justifiability.
In depth · legal basis, figures and practice – for advisers and professionals
What the support plan must contain
Under § 36 Abs. 2 SGB VIII this includes findings on the need, on the type of support to be granted and on the necessary services; for young people with siblings, the sibling relationship must be expressly taken into account since the KJSG 2021.
§ 36b: cooperation when responsibility changes
This provision, newly introduced in 2021, is intended to prevent care leavers from "falling through the cracks" in the transition to, for example, integration assistance under SGB IX. When responsibility changes to a rehabilitation provider, a participation planning procedure under § 19 SGB IX must be initiated in good time, as a rule one year beforehand.
Participation rights
§ 36 Abs. 1 Satz 2 SGB VIII requires that advice be given "in a form that is understandable, comprehensible and perceptible to those concerned" – a wording sharpened by the KJSG 2021 that obliges professionals to communicate in easily understandable terms.
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