Cabinet approves draft bill on the reform of child and youth care services
DBJR
The draft bill effectively postpones, for an indefinite period, the enshrinement in law of the overall responsibility of child and youth welfare services for all young people, with and without disabilities. Instead of implementing the inclusive solution that has been in preparation for several parliamentary terms, the Cabinet draft merely provides for a pilot clause allowing individual local authorities to trial this overall responsibility.
The previous draft prepared by the parliamentary secretary’s office had still envisaged the consolidation of responsibilities for integration support services for young people with and without disabilities under the umbrella of SGB VIII. With the draft that has now been adopted, this plan will not be pursued further. From the DBJR’s perspective, this represents a significant step backwards on the path towards inclusive child and youth welfare.
Youth organisations and youth federations have been working for many years to develop their services in an inclusive manner. In doing so, they repeatedly encounter structural obstacles, including differing areas of responsibility, bureaucratic hurdles and inadequate support systems. The draft bill is at the expense of young people and their opportunities for participation. The DBJR calls on the members of the German Bundestag to make the necessary amendments during the parliamentary process.
On the other hand, the DBJR welcomes the fact that the Federal Government has responded to the widespread criticism of various regulations concerning unaccompanied minor foreigners (UMA). Unlike in the draft bill, the problematic and, in some cases, discriminatory provisions have not been pursued further. Among other things, there are no longer any provisions for imposing fines on minors. Furthermore, it is to be clarified that medical age assessments – as significant infringements on physical and psychological integrity – may only be carried out in cases of justified doubt.
The DBJR will critically examine the further provisions which, according to the Federal Government, are intended to increase the effectiveness and efficiency of child and youth welfare services and to strengthen local authorities’ capacity to manage them. This applies in particular to approaches developed on the basis of the key points paper ‘Efficient use of resources in benefit legislation …’, which envisage a greater focus on infrastructural measures within child and youth welfare.
The DBJR will follow the forthcoming expert and parliamentary debate critically and constructively and will continue to champion the rights, participation and equal opportunities of all young people.