👨👩👧 Children and housing need: youth welfare office and women's shelters
In brief
For families with children too, public-order accommodation remains primarily a matter for the Ordnungsamt (see "Public-order accommodation"). The Jugendamt (youth welfare office) acts only where there is an additional acute risk to the child's welfare, for example by taking the child into care (Inobhutnahme, § 42 SGB VIII) – homelessness alone is not enough for this. In cases of domestic violence, a women's shelter (Frauenhaus) is open regardless of housing status; the reason for admission is the violence, not the homelessness.
Step by step
- Inform the OrdnungsamtIf the family faces homelessness, inform the Ordnungsamt as for individuals (see "Public-order accommodation").
- Involve the Jugendamt if there is a riskIf the child's welfare is additionally at acute risk, involve the Jugendamt – but taking into care under § 42 SGB VIII has strict requirements, not homelessness alone.
- Contact a women's shelter in cases of violenceIn cases of domestic violence, contact a women's shelter – admission is regardless of housing status.
- Clarify cost coverageHave the cost coverage for the stay in the women's shelter clarified under SGB II/SGB XII; the inter-municipal reimbursement between municipalities runs in the background and does not directly concern the person affected.
- Ask locally about priorityAsk about local priority for families with children in accommodation – there is no nationwide rule on this.
Deadlines
- There is no nationwide statutory duty to give priority to families with children in public-order accommodation – whether and how this is handled differs by municipality or state law.
- Homelessness alone is, according to the statutory text, not a sufficient condition for taking into care under § 42 SGB VIII – a concrete risk to the child's welfare is needed.
- A nationwide legal entitlement to a place in a women's shelter exists under the Gewalthilfegesetz, in force since 28 February 2025, only from 1 January 2032 – and then to protection and counselling in general, not to a place in a particular shelter.
- According to association estimates (including Frauenhauskoordinierung), several thousand women's shelter places are currently missing nationwide – these are association figures, not official statistics.
In depth · legal basis, figures and practice – for advisers and professionals
Youth welfare (SGB VIII)
Taking into care under § 42 SGB VIII requires an urgent danger to the welfare of the child or young person; according to the statutory text, the family's homelessness alone is not sufficient for this. If there are additionally parenting deficits or other burdens, educational assistance under §§ 27 ff. SGB VIII may also apply. However, the Jugendamt does not replace the primary public-order responsibility for accommodation as such.
Women's shelters and the Gewalthilfegesetz
Access to a women's shelter depends on the need for protection from violence, not on housing status. Funding has so far been provided, among other things, through inter-municipal cost reimbursement (§ 36a SGB II, § 94 Abs. 5 SGB XII). With the Gewalthilfegesetz (Violence Assistance Act), in force since 28 February 2025, a nationwide individual legal entitlement to protection and counselling in cases of violence will be introduced from 1 January 2032; until then, the existing funding and reimbursement structure continues to apply. Federal funds are provided until 2036 for building up sufficient protection place capacity; the states are obliged to report.
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