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Prerequisites

• The young person has been living with you for a long time.
• The parents or persons with the right to determine the young person’s place of residence demand the return.
• The child’s well-being is endangered by the return to the family of origin.
• You need support from your local youth welfare office or foster care service.

Documents required

Please note

The responsibilities and requirements of foster families with a youth welfare mandate differ significantly from those of families without a youth welfare mandate. As private individuals, they fulfill a public mandate within the framework of child-rearing assistance. They are thus obligated to cooperate with the responsible youth welfare office throughout the assistance process.

Deadlines

No

Procedure

• You contact the responsible youth welfare office or foster care service and explain your concerns.
• You will receive advice and support.
• You or the Youth Welfare Office submit an application for the child or young person to remain in your foster family to the responsible family court. The family court responsible is the one in whose district the child or young person lives.
• Until the proceedings are concluded, the court can issue an interim order allowing the child or young person to remain with you in the foster family until a decision is made.
• Young people aged 14 and over are heard by the court
• Children under the age of 14 will be heard in person by the family court if their inclinations, ties or will are relevant to the decision or if a personal hearing appears necessary for other reasons.
• In any case, the court decision is based on the best interests of the child.

Processing time

The processing time depends on the length of the legal proceedings before the family court.

Fees

no

Legal remedies

Not applicable

Legal basis

Section 1632 paragraph 4 of the German Civil Code (BGB)





§37a Eighth Social Code (SGB VIII)