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Kite law and daycare centers

Overview

from
Erika Braun
Lawyer

Give me a call: 0261 - 404 99 23
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The law on daycare centers is an important part of German educational and social law. It regulates the legal framework for daycare centers, which includes nurseries, kindergartens and after-school care. A central aspect of daycare law is ensuring sufficient daycare spots for children. This article highlights the fundamental principles of daycare law and the importance of providing daycare spots.

Basic principles of daycare law

Childcare law is based on various legal principles and regulations that govern the care and early childhood education of children:

1. Right to care: In Germany, children have a legal right to a place in a daycare center or with a childminder from the age of one. This entitlement is enshrined in the Social Security Code VIII (SGB VIII). From the age of three, children are entitled to a place in a daycare center.
2. Educational mandate: Day care centers not only have a care function, but also an educational one. They are designed to promote early childhood development and prepare children for school.
3. Parental involvement: Parents have a say in the organization of their children's care and education. This is regulated by the Child and Youth Services Act (KJHG).
4. Promoting equal opportunities: Kitas should contribute to equal opportunities by supporting all children, regardless of their social background.

 

Legal basis

The most important legal foundations for daycare centers include:

1. Social Security Code VIII (SGB VIII): Regulates child and youth welfare, including the legal entitlement to a childcare place.
2. Child and Youth Services Act (KJHG): contains provisions for the support of children and young people, as well as for the involvement of parents.
3. State laws: The individual federal states have their own laws and ordinances that regulate the details of daycare, such as staffing levels and spatial requirements.

Right to childcare places

The legal entitlement to a childcare place is a central element of childcare law. This entitlement applies:

1. From the age of one: Children from the age of one have a legal right to early childhood education in a day care center or in day care.
2. For children under one year of age: A place in childcare can also be claimed for children under one year of age if the parents are working, in education or training, or there is another justified necessity.
3. Until school entry: The entitlement exists until the child enters school.

Challenges in providing childcare places

Despite the legal entitlement, there are still challenges in many regions of Germany when it comes to providing sufficient childcare places:

1. Lack of space: In many cities and communities, there are not enough daycare spots to meet demand. This leads to waiting lists and long waits for parents.
2. Quality of care: In addition to the quantity of places, the quality of care is also an important issue. This includes the staff-to-child ratio, the qualifications of the staff and the facilities.
3. Financing: Financing daycare centers is a major challenge. It is usually ensured through a combination of municipal funds, state funds and parental contributions.

Legal options in the event of a lack of places

Parents have various legal options if they cannot find a childcare place for their child:

1. Administrative court proceedings: Parents can take legal action and sue for the allocation of a childcare place at the administrative court.
2. <501>Urgent legal protection: In urgent cases, an application for interim legal protection can be made in order to quickly obtain a childcare place.
3. Claims for damages: Under certain circumstances, parents can also claim damages if they suffer financial disadvantages due to a lack of space, for example because one parent cannot go to work.

 

Conclusion

The right to daycare and the provision of daycare places are central elements of early childhood education and care in Germany. The legal entitlement to a daycare place from the age of one ensures that all children have access to early childhood education. Nevertheless, there are practical challenges in implementing this entitlement, particularly with regard to the availability of a sufficient number of childcare places and the quality of care.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.