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Taking children and young people into care General information

If the well-being of a child or young person is at risk, the youth welfare office may take them into care. You can find further information here.

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Detailed description

If there is an acute danger to the well-being of a child or young person in the family, the youth welfare office is entitled and obliged to take the child into care.

Taking a child into care means that the youth welfare office is entitled to decide whether a child or young person should temporarily not live with their own family or usual environment. The youth welfare office will then temporarily or permanently take the child or young person to another safe place. This can be a foster family, a children's home or other suitable accommodation.

If you have any indications that a child's welfare is at risk, you can report this to the responsible youth welfare office. Children and young people can also contact the youth welfare office themselves and ask to be taken into care.

 

Information

Prerequisites

  • The child or young person requests care or
  • a foreign child or young person comes to Germany unaccompanied and neither a legal guardian nor a legal guardian is present in the country, or
  • There is an urgent danger to the well-being of the child or young person which requires taking into care and
    • the legal guardians do not object or
    • a family court decision cannot be obtained in time

Documents required

No

Please note

In Hamburg, you can contact the Child and Youth Emergency Service if you have any indications of a child being at risk.

Deadlines

No

Procedure

  • The youth welfare office clarifies together with those involved how the situation came about.
  • The youth welfare office shows possible forms of assistance, mediates in conflicts and initiates further assistance.
  • The Youth Welfare Office takes all necessary steps for the welfare of the child or young person (for example, supervision, care and determination of the place of residence)
  • The child or young person may notify a trusted person.
  • The parents or guardians are informed and the risk of danger is discussed.
  • Depending on their age, children and young people are included in decisions regarding care.
  • If the parents or guardians are against the child being taken into care, the youth welfare office will decide whether the child or young person can be safely returned. Otherwise, the family court will decide on further measures.
  • The taking into care ends with the handover of the child to the legal guardians or after the decision on assistance for upbringing outside the family has been made.

Processing time

The processing time depends on the individual situation.

Fees

No

Legal remedies

Action before the administrative court

Legal basis

§ 42 Social Code (SGB) - Eighth Book (VIII)

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Last updated: 27.04.2025