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🏫 Legal entitlement to a daycare place

From the completed first year of life, your child has a legal entitlement to early childhood support – enforceable in court if necessary.

daycare place § 24 SGB VIII legal entitlement to childcare Jugendamt childminding (Kindertagespflege)

In brief

Since August 2013, every child has had a legal entitlement, from the completion of their first year of life, to early childhood support in a daycare centre or with a childminder. The local public youth welfare body (usually the Jugendamt (youth welfare office) of your municipality) is responsible for fulfilling this entitlement. If you do not get a place despite registering in good time, you can enforce the entitlement in court if necessary and, in some circumstances, claim damages (e.g. for lost earnings or necessary private childcare costs).

Step by step

  1. Register earlyRegister your childcare need with the Jugendamt or via the municipal daycare portal, as many months as possible before the desired start of childcare.
  2. Justify the needState the desired scope of care (hours per day/week) and the desired start, based on your work or family situation.
  3. Demand a written notice of decision if refusedIf no place is offered, demand a written, reasoned notice of decision (Bescheid) from the Jugendamt – this is a prerequisite for court action.
  4. Consider urgent legal protectionWith a lawyer or legal advice assistance (Beratungshilfe), consider the option of urgent proceedings (interim injunction) at the administrative court if the start of childcare is imminent.
  5. Document damagesDocument costs incurred or earnings lost through the non-fulfilment of the entitlement for a possible later claim for damages.

Deadlines

From the completed 1st year of life
Start of the legal entitlement to early childhood support§ 24 Abs. 2 SGB VIII
No nationwide registration deadline
Registration deadlines and procedures are set by the municipality concerned – find out locally in good timemunicipal by-laws
Watch out – common mistakes
  • The legal entitlement guarantees a childcare place, but not a place in the facility of your choice – reasonable distance and opening hours are the decisive criteria.
  • For children under one year there is no nationwide legal entitlement to a daycare place; any entitlement here can at most arise from state-law or municipal rules, which differ from place to place.
  • Whether and in what amount damages are actually awarded for a missing childcare place depends heavily on the individual case and on being able to prove the loss – case law on this is not uniform.
In depth · legal basis, figures and practice – for advisers and professionals

Legal basis

§ 24 Abs. 2 SGB VIII grants children from the completed first to the completed third year of life an entitlement to early childhood support in a day care facility or childminding; § 24 Abs. 3 SGB VIII creates, from the completed third year of life until school entry, a separate entitlement to a kindergarten place. The scope of daily support depends on individual need, but at least on the standard named in § 24 Abs. 2 SGB VIII (including parents' employment, training).

Enforcing the entitlement

If the entitlement is not fulfilled despite the need having been registered in good time, it can be enforced by way of an interim injunction before the administrative court. In 2016 the Federal Court of Justice (Bundesgerichtshof) ruled that, where the public youth welfare body is culpably in breach of duty, parents can under certain conditions also assert claims for damages (official liability, § 839 BGB in conjunction with Art. 34 GG).

Who is responsible
  • Municipal Jugendamt
  • Administrative court (in disputes)
Further reading
Returning to work after parental leaveAdvice and contact points

Quick questions

Worum geht es bei „Legal entitlement to a daycare place“?
From the completed first year of life, your child has a legal entitlement to early childhood support – enforceable in court if necessary.
Which deadlines and figures matter?
  • From the completed 1st year of life: Start of the legal entitlement to early childhood support (§ 24 Abs. 2 SGB VIII)
  • No nationwide registration deadline: Registration deadlines and procedures are set by the municipality concerned – find out locally in good time (municipal by-laws)
What should I do first?
  • Register early: Register your childcare need with the Jugendamt or via the municipal daycare portal, as many months as possible before the desired start of childcare.
  • Justify the need: State the desired scope of care (hours per day/week) and the desired start, based on your work or family situation.
  • Demand a written notice of decision if refused: If no place is offered, demand a written, reasoned notice of decision (Bescheid) from the Jugendamt – this is a prerequisite for court action.
What do I need to watch out for?
  • The legal entitlement guarantees a childcare place, but not a place in the facility of your choice – reasonable distance and opening hours are the decisive criteria.
  • For children under one year there is no nationwide legal entitlement to a daycare place; any entitlement here can at most arise from state-law or municipal rules, which differ from place to place.
  • Whether and in what amount damages are actually awarded for a missing childcare place depends heavily on the individual case and on being able to prove the loss – case law on this is not uniform.
Evidence
  • § 24 SGB VIII (gesetze-im-internet.de)
  • BGH, judgment of 20.10.2016, Az. III ZR 278/15 (official liability for a missing daycare place)
As of

As of September 2026. · Sources and method

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.