Get support in enforcing the permanent placement of a child with foster carers

Prerequisites

• A foster child has been living in a foster family for a long time.
• The child’s parents or persons with custody of the child demand the return of the child.
• The physical, emotional or mental well-being of the child is endangered by being removed from the foster family.
• The foster carers want/need support from the foster care service.

Documents required

Please note

PFAD – Federal Association of Foster and Adoptive Parents
www.pfad-bv.de

German Foster Parents Association
www.pflegeelternverband.de

Procedure

• The foster carers turn to the foster care service with a request for support/accompaniment if the child is requested to be handed over.
• The foster parents must submit an application to the family court for the child to remain in the foster family. The family court responsible is the one in whose district the child's main place of residence is.
• The court must also take action ex officio, so that the youth welfare office can also submit a corresponding application.
• Until the proceedings are concluded, the court can issue an interim order requiring the foster child to remain with the foster family until the decision is made.
• Foster children aged 14 and over must always be heard by the court in proceedings concerning personal or financial custody. A child under 14 will be heard if his or her inclinations, ties or will are important for the decision or if it appears necessary to establish the facts.
• In any case, the court decision is based on the "best interests of the child" principle.

Processing time

Once the foster carers have contacted them, the foster care service will begin to support them in the “child’s stay with foster carers” process. The length of the process depends on the length of the legal proceedings before the family court.

Fees

no

Legal basis

§ 37a SGB VIII