🛡️ Child protection and the Jugendamt: your rights
In brief
The Jugendamt is not purely a supervisory authority. It is also meant to support families.
If there are indications that a child is at risk, the Jugendamt assesses the risk together with several professionals. If the child's protection is not put at risk, it involves you and your child.
If help is needed, the Jugendamt must offer it to you.
Only if parents cannot or will not avert the danger can the family court order measures. These range from orders to withdrawal of custody.
Step by step
- Seek a conversationTalk to the professional. Ask what prompted it.
- Ask about helpAsk about advice and educational support (Hilfe zur Erziehung).
- Keep documentsKeep letters and appointments.
- Get adviceUse independent advice before you sign any agreements.
Deadlines
- Court measures require a danger to the child's best interests and that the parents cannot or will not avert it.
- Any help is discussed beforehand with you and your child (§ 36 Abs. 1 SGB VIII).
- Do not share details of your case publicly online; use protected advice.
In depth · legal basis, figures and practice – for advisers and professionals
Protective mandate
§ 8a Abs. 1 SGB VIII: If the Jugendamt learns of indications of endangerment, it must assess the risk together with several professionals. Unless effective protection is called into question, the persons with parental responsibility and the child or young person must be involved. If help is suitable and necessary, it must be offered to the persons with parental responsibility. § 8b SGB VIII gives professionals a right to advice from an experienced specialist in this field.
Family court
§ 1666 Abs. 1 BGB: If the physical, mental or emotional wellbeing of the child is endangered and the parents are unwilling or unable to avert the danger, the family court takes the necessary measures. Abs. 3 lists, among others, orders to make use of public assistance, to comply with compulsory schooling, contact bans and partial or complete withdrawal of custody.
Not checked
Taking into care (Inobhutnahme, § 42 SGB VIII), procedural guardian, legal remedies and access to files.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.