General information

After the right before the entry into force of the care law to the tasks of authority were assigned to 1.1.1992 in the range of the guardianship and Pflegschaft for of age one the youth welfare offices ("§ 54 A JWG A.F.). The allocation of the tasks to the youth welfare office was discriminating against felt in particular of adult humans as inadequate and. At the same time also the woman employees and coworker of the youth welfare offices experienced the competence of their authority as making excessive demands of, since children and young people and adults needed a very different kind of technical company. In the context of the care law, which essentially changed different laws (BGB, FGG etc.), became also its own law for official tasks within the range of the care right production, the care authority law (BtBG).

Establishment of care authorities

According to "§ 1 P. 1 BtBG is to be determined it task of the Lands of the Federal Republic, which authority on local level is responsible in affairs of care. In their remark laws almost all surface countries on local level entrusted (land) the circles and circle-free cities with the task perception. In the city states there were corresponding special arrangements (Berlin because of their special administrative structure: Offices for district; Bremen: Office for social services, Bremerhaven: Municipal authorities; Hamburg: no regulation in the federal state law, however task perception by the authority for work, health and social). The responsible authorities on local level partly carry the designation, care place " (Bavaria, Hessen, Lower Saxony, North Rhine-Westphalia) or, for care authority " (Brandenburg, Saxonia-Anhalt). They are frequently (further) part of the youth welfare offices, partially also with or public health authorities settled, only in few large cities give it own offices for care.

Tasks of the care authorities

One can partition the tasks as follows:

• Tasks in the apron of care (consultation and support of responsible persons; Co-operation with the basic and advanced training of responsible persons
• Court of guardianship assistance (circumstances determination for the court, designation of responsible persons in relation to the court, complaint rights against judicial rulings, tasks of demonstration)
• Authentication of signatures and Handzeichen under precaution authority and care orders (new starting from 1.7.2005)
• Guidance of care (and since 1.7.2005 also Verfahrenspflegschaften) by coworkers of the care authority
• additional tasks after federal state law (e.g. organization of local care working groups

Order to the authority responsible person

Persons employed of care authorities can be ordered to the authority responsible person ("§ 1897 exp. 2 BGB). Authority responsible person can only be, who stands in a serving or an employer-employee relationship to a care authority and/or their carrier body (usually municipality). In principle the same legal conditions apply as to other responsible persons to authority responsible persons. However with authority responsible persons no introduction discussion is led with the court of guardianship ("§ 69b FGG).

Authority responsible persons have exactly like the next relatives the status "„of the released responsible person "“, see "§ 1908 i exp. 2 BGB. This means that most guardianship-judicial permission requirements do not apply with the investment of funds ("§"§ 1809, 1812 FF. BGB, see "§ 1857a BGB). Also they are released during the support from the annual accountability ("§ 1840 BGB). The court of guardianship can however in individual cases the status "„released "“responsible person to extract to fulfill in such trap is obligated also the authority responsible person, the obligations mentioned. Against authority responsible persons no obligation money can be specified. In addition money of the cared for one can be invested at the carrier body ("§ 1908 g BGB).

Authority responsible person is to be dismissed upon the requests of the authority line as responsible persons

To the rights, belongs to the care authority line it, which dismissal of the authority responsible person with the court of guardianship to request ("§ 1908d exp. 4 BGB). However these care can be resumed by the past authority responsible person as single responsible persons, if this does not contradict well-being of the cared for one and the responsible person with it agrees. Officials need a part-time work permission for the continuation of such a support after valid in each case the official law for it i.V.m. "§ 1784 BGB. This applies, even if the support is honorary led. Exceptions are given only if it concerns the support for a close relative. Such a permission can be refused if the responsible person activity could impair the vocational activity of the coworker or the reputation of the public service. Others publicly officials need likewise such a permission, if to them still the federal employee wage agreement (ASKED) applies. As far as the new collective agreement applies to the public service to it, this permission is not any longer needed.

Claim for remuneration of the authority responsible person is at the care authority

If an authority responsible person is ordered, this does not have a claim for remuneration. The responsible person remuneration is entitled to the care authority with the authority responsible person. There is only exeptionally a possibility for the grant of a discretion remuneration, if the cared for one is not without means ("§ 8 VBVG - guardian and responsible person remuneration law). Otherwise a requirement on expenditure allowance exists with cared for ones not without means.

The activity as authority responsible persons counts after the iurisdiction of the federal labor court as difficult activity according to the classification regulations for the social and educating service. This means after classification ASKED IVb (and/or E 9).

Care authority can be exeptionally likewise ordered as responsible persons

If the support is not possible by one or more natural persons (honorary or vocational responsible persons) and by a care association, also the care authority can be ordered to the responsible person ("§ 1900 exp. 4 BGB). The care authority has thus the obligation to take over the support if no other possibility for the care assumption is present. In this case the care authority does not have claim for remuneration ("§ 1836 exp. 3 BGB), only with not cared for requirement without means on expenditure allowance ("§ 1835 exp. 5 BGB).

See also

• Support, precaution authority, consent reservation
• Occupation responsible person, care association, court of guardianship, procedure male nurse

Related links

• Detailed representation of the tasks of authority in on-line encyclopedia care right

Articles in category "Care authority"

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