1.1.1a

1. 1.1.1a Child and Youth Services in Germany

2. Funded by Imprint Responsible: Marie-Luise Dreber (Director, IJAB) Edited by Coordination und Editorial Support: Dr. Dirk Hänisch Expert Advice: Prof. Ullrich Gintzel (Dresden) Dr. Erwin Jordan (Münster) Dr. Reinhold Schone (Dortmund) Hartmut Schulz (Berlin)Reinhard Schwalbach (Bonn)Norbert Struck (Berlin) Internet: www.kinder-jugendhilfe.info Design: Bohm, Nonnen, Urhahn Darmstadt 2009 GB

3. Content 1. Structural Framework 1.1 Society 1.1.14Involvement/participation 1.1.1 Family 1.1.15Greater severity of social problems 1.1.2 Children today 1.1.3 – 1.1.4 Demographic development 1.2 The State 1.2.1 The Federal Republic of Germany is a state based on the rule of law 1.1.5 –1.1.6 Migration 1.1.7Characteristics of young migrants 1.2.2"Social state" can be used as a normative or descriptive term 1.1.7.1Share of migrants according to Länder (Federal states) 1.2.3Democracy 1.1.8Young people live in a push-and-pull situation 1.2.4 – 1.2.5Federal structure 1.1.9 School (education) is to … 1.2.6Local self-government 1.1.10 Number of pupils in Germany according to school types 2006 1.2.7Public finance 1.1.11Education system 1.2.8Position of the Child and Youth Services Act in Federal legislation 1.1.12 – 1.1.13 Education is of high value 2009 GB

4. Content 2. Structures 2.1 Institutions 2.3 Funding 2.1.1.1 – 2.1.1.2 The Federation, the Länder and the local authorities in child and youth services 2.3.1 Social benefits in 2006 2.3.2 Expenditure for child and youth services in 2007 2.1.2 Bodies of the non-statutory youth work and youth services 2.3.3 Funding sources 2.1.3 Structure of child and youth services in Germany 2.3.4.1 – 2.3.4.3 Child and Youth Plan of the Federation 2.1.4Organisation of the youth office at the local level 2.1.5Administrative structure of the youth office at the local level 2.4 Personal 2.2 Procedures / Organisation 2.2.1Co-operation between the statutory and the voluntary sector 2.4.1 Fields of activity of child and youth services professionals 2.2.2.1 Participation (pursuant to the Child and Youth Services Act) 2.4.2Social commitment by citizens – voluntary work 2.2.2.2 Participation rights in the decision-making on specific services/benefits 2.2.3 Gender Mainstreaming 2009 GB

5. Content 3. Tasks and Objectives 3.1 Mission and Claim 3.1.1 § 1 KJHG (Child and Youth Services Act) 3.1.2 Tasks of child and youth services §§ 11-60 KJHG (Child and Youth Services Act) 3.2 Support and Promotion 3.2.1 Youth work 3.2.2 Socio-educational provision for children and young people 3.2.3 Socio-educational child and youth protection 3.2.4Youth protection in the media 3.2.5Institutions for the Protection of Youth in the Media 3.2.6 Promotion of education and upbringing in the familiy 3.2.7 Tasks of day care programmes for children 2009 GB

6. The family as a community of adults (parents) and children … • is highly appreciated - also by young people • is a focal point of life for children • is subject to change processes • enjoys the special protection of the state. Tendencies • two-generation family • fewer children / one-child family • differentiation of ways of life in the family • changing values. 1.1.1 E

7. Children today ... are (normally) planned for and wanted, have siblings less frequently (are only children) and have fewer relatives, spend more time in educational institutions, are subject to the influence of a variety of media, live more frequently in metropolitan areas (city children), have rights and are entitled to e.g. : - parental care, - freedom of opinion, - equal opportunities, - information and legal hearing, - an upbringing without violence, - health, - protection against economic and sexual exploitation. - education, - play and leisure time, 1.1.2 E

8. 1.1.1a Demographic development (I) Population figures in Germany as at 31 December 2004 (in millions): Young adults between 21 and 27 Adolescents between 18 and 20 Young people between 14 and 18 Children between 6 and 13 Children under 6 In an overall population of 82.3 million, a total of 28 percent was less than 27 years old. 1.1.3 E

9. 1.1.1a Demographic development (II) • Since 1997, there have been more older inhabitants (persons over 60 years of age) than younger ones (persons below 20 years of age) in the Federal Republic of Germany. • Due to steadily declining birth rates, fewer and fewer children grow up to attend the various levels of the education system. • In the Eastern Länder (Federal States) of the Federal Republic of Germany, there is an even more drastic decline of the birth rate. • This is exacerbated by a considerable rate of young people migrating to the Western Länder for economic reasons. 1.1.4 E

10. 1.1.1a Migration (I) In 2007, the share of migrants in the total population amounted to 18.7 %. With 27.3%, the share is even higher among the under 25-year-olds (5.7 million persons). Demographic share of persons with a migrant background according to age group (2007): ≥45 0 - 5 6 - 9 10 - 15 16 - 24 25 - 44 1.1.5 E

11. 1.1.1a Migration (II) In 2007, the share of migrants in the total population amounted to 18.7 %. With 27.3%, the share is even higher among the under 25-year-olds (5.7 million persons). Types of migration: 10 % foreign nationals 3.1 % ethnic German (re-)settlers 27.2 72.8 6.7 % naturalised children and youths 7.5 % second-generation Germans having one parent with a migrant background 1.1.6 E

12. 1.1.1a Characteristics of young migrants • Uneven social and geographical distribution and concentration in certain regions and neighbourhoods (socio-geographical segregation). • Considerable heterogeneity of national origins in this population of children and youth. • Differing immigration experiences in various groups of young migrants. • Wide differences in the levels of education of persons with a migrant background versus non-migrants. • A third of all second-generation and third-generation migrants does not have a vocational education certificate. • (Statistically,) the opportunities of German youths for completing their vocational education is higher by a factor of at least 2 to 5. • Youth unemployment among migrants is significantly higher than for young people without a migrant background. 1.1.7 E

13. Share of migrants according to Länder (Federal states) Source: Mikrozensus 2007 1.1.7.1 E

14. Young people live in a push-and-pull situation of … • favorable development conditions and intensified competition, • commercialised leisure time and self-organisation, • integration/emancipation and exclusion, • traditions and modern life. Of importance for young people are… ... of lesser importance are: - financial security, - political activities, - good job/interesting work, - faith, - partnership, - religion. - family and children, - living with others in harmony, - achievements in life, 1.1.8 E

15. School (education) is to … • impart knowledge, • assess achievement, • promote social skills, • prepare the transition to vocational training and a job, • compensate for social disadvantages (equal opportunities), • make social problems transparent and present options to take action. 1.1.9 E

16. Number of pupils in Germany according to school types 2006(m): Primary school: 3.16 Grammar school: 2.45 Secondarymodern school: 1.30 Pupils attending secondary schools (in %): Secondary technical school: 1.05 Comprehensive school: 0.59 10.9 % Grammar 45.5% 19.5 % Sec. modern 24.1% Sec. technical 19.5% 45.5 % 24.1 % Comprehensive 10,9% 1.1.10 E

17. Education system Secondaryschool level II Elementary level Primary level Secondary school level I Tertiary level Further education University Grammar school classes 11-12/13 Technical University Grammar school College of Advanced Technology College of Education College of Art College of Music Various forms of general, professional and scientific further education Comprehensive school University of AppliedSciences Secondary technicalschool College of Public Administration Higher technical school College of Advanced Vocational Studies College of Voc. Studies Nursery school Primary school Technical school Secondary modern school Night school level II /Evening classes Vocational school/ company Special schools 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Year of age 1.1.11 E

18. Education is of high value (I) 57.0 % of all school leavers in 2005 want to take up a dual vocational education course (in companies/vocational school) after finishing their general education, 5.0 % want to attend a full-time vocational school (technical school) or 11.6 % want to start a higher education course (university/university of applied sciences) 51.6 % of those aiming at vocational training in the “dual system“ (company and vocational school) were successful in the same year. The rate of finding a training position was only 42% among young people with a migrant background, while school leavers without a migrant background showed a success rate of 54.1%. Source: Berufsbildungsbericht 2007 1.1.12 E

19. Education is of high value (II) Problems: Remedies provided by: • insufficient supply of vocational training places • the Basic Vocational Training Year, Preparatory Vocational Training Year • out-of-company training • insufficient previous qualifications • promotion programmes of the Federal Agency for Employment • specific disadvantages of certain target groups • youth social work etc. • gender-specific choice of vocational training • youth unemployment 1.1.13 E

20. Involvement/participation Problems/limitations Involvement ... • Dominant private interests • is of vital importance for a democratic political system, • Gap between personal concerns and the complexity of parliamentary/democratic decision-making processes. • presupposes that young people have concrete opportunities of influencing societal and political processes. Predominantly... • involvement in groups and initiatives of a manageable size. 1.1.14 E

21. Greater severity of social problems Demographic development Higher incidence of crises in young people‘s biographies Higher incidence of stress in and excessive demands on the family Increasing unemployment, also among young people Reduced social services/benefits for families Growing doubts about the problem-solving capabilities of the political system Consequently: The participation of young people and a further development of democracy will be of vital importance for overcoming social problems and crises. 1.1.15 E

22. The Federal Republic of Germany is a state based on the rule of law The fundamental principles shaping the state based on the rule of law are: • The principle of the separation of powers: Legislative (legislation): Parliament Executive (executive power): Government/Administration Judiciary (dispensation of justice): Justice • The principle of the legislative powers being bound by the constitutional order • The principle of the executive and the judiciary being bound by law and justice Citizens enjoy the protection of independent courts against unlawful acts of the administration. 1.2.1 E

23. "Social state" can be used as a normative or descriptive term Used as a normative term, the ‘social state’ designates a state based on social justice as it should be: : • Basic Law, Article 20, Paragraph 1: „ The Federal Republic of Germany is a democratic and social federal state. “ • Basic Law, Article 28, Paragraph 1: „ The constitutional order in the Länder must conform to the principles of a republican, democratic and social state governed by the rule of law, within the meaning of this Basic Law... “ Used as a descriptive term, the ‘social state’ characterises the structure and the extent of public measures and programmes to realize greater social justice (social security and social balance). The fundamental elements of the social state are its social policies and the social services/benefits provided in this context. 1.2.2 E

24. Democracy Democracy as the form of government of the Federal Republic of Germany • Basic Law, Article 20, Paragraph 1: „ The Federal Republic of Germany is a democratic and social federal state. “ • Basic Law, Article 21, Paragraph 1: „ All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive, and judicial bodies. “ Democracy as pluralism of parties • Basic Law, Article 21, Paragraph 1: „ Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organisation must conform to democratic principles... “ Democracyas a question of self-determination, participation and the power of decision-making of the citizens (the right of participation, co-decision, community action groups) 1.2.3 E

25. Federal structure (I) The Federal Republic of Germany is a federal state consisting of 16 so-called Länder, each of which is a state in itself. • Article 30 Basic Law „ Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a matter for the Länder. “ • Article 31 Basic Law „ Federal law shall take precedence over Land law. “ With the European integration process, subjects and regulations of the European Union are increasingly significant. 1.2.4 E

26. Federal structure (II) Hamburg Schleswig-Holstein Mecklenburg-Western Pomerania Bremen Lower Saxony Berlin Brandenburg Northrhine-Westfalia Saxony-Anhalt Saxony Thuringia Rhineland-Palatinate Hesse Saarland Baden-Wurttemberg Bavaria 1.2.5 E

27. Local self-government The functions of local self-government in towns and counties are performed by a council representing the citizens‘ interests. It is formed as the result of general, direct, free, equal and secret elections where citizens from other EU countries also have voting rights. There are four types of roles discharged by local authorities: Responsibilities of local authorities in their own right: 1. voluntary responsibilities (e. g. theatres, sports facilities …) 2. statutory responsibilities of self-government (e. g. youth/social services/benefits …) Devolved responsibilities of local authorities: 3. Statutory responsibilities by direction (e. g. fire brigade, housing benefit …) 4.Responsibilities discharged on behalf of the State (e. g. national elections, census ...) 1.2.6 E

28. Public finance • The Federation’s public revenue is mainly derived from Federal taxes and the Federation‘s share of shared taxes. • The Länder(Federal States) obtain their revenue mainly from Land taxes and the Länders‘ share of shared taxes as well as the Financial Equalization Scheme aiming to mitigate financial disparities between the Länder, and from Federal‚ complemental grants. • The local authorities derive their funds mainly from community taxes, the local authorities‘ share of the income tax as well as trade tax, and from allocations made by the respective Land. The most important sources of revenue are two major shared taxes.In 2007, they constituted 63 % of the overall tax revenue. Public revenue in 2007 in billion €: € 286.589 €272.626 € 169.303 Income tax: € 170.5 bn Turnover tax: € 169.6 bn Federation Federal States (Länder) Local Authorities 1.2.7 E

29. Social Code VIII(Article 1 KJHG) Position of the Child and Youth Services Act in Federal legislation • Federal Parenting Benefit and Parental Leave Act • Basic Law • Social Code – Volume I:General Provisions • Adoption Placement Act • Social Code – Volume X: Procedural Provisions • Protection of Young Persons Act • Länder Convention on Youth Protection in the Media • Social Code – Volume II: Basic Cost-of Living Benefit for Job Seekers • Protection of Young Persons at Work Act • Social Code – Volume III: Promotion of Employment • Social Code – Volume XII: Social Welfare • Vocational Education Act • Juvenile Courts Act • Civil Code • Act on the Expansion of Day Care • Act on Advance Maintenance Payments • Act on the Further Development of Child and Youth Services • Federal Child Benefit Act • Federal Childcare Allowance Act 1.2.8 E

30. The Federation, the Länder and the local authorities in childand youth services (I) • Federation:Child and Youth Services Act (Kinder- und Jugendhilfegesetz, KJHG); incentives to and financial support for cross-Länder youth services; Federal Youth Board (Bundesjugendkuratorium); four-yearly Child and Youth Report of the Federal Government. • TheLändergive financial support to the organisations and bodies responsible for child and youth services in the aim of further developing and evenly balancing the expansion of provision. They assist the local youth service bodies by providing counselling and advanced training. • Towns and counties establish a youth office: In the context of local self-government, they are responsible for local child and youth services including their planning and funding. 2.1.1.1 E

31. The Federation, the Länder and the local authorities in child and youth services (II) Federation Länder Towns and counties Authority Federal Ministry for Family Affairs, Senior Citizens, Women and Youth 16 Youth ministries of the Länder (Federal states) Youth offices of the Länder Youth offices in all counties and towns, which are administrative districts in their own right Basics SGB VIII Child and Youth Services Act Implementation Acts of SGB VIII Mid-term child and youth service plans Initiation, promotion, further development of voluntary and statutory child and youth services Nationwide initiation and promotion Planning and funding responsibility in the context of local self-government Instruments Funding and reporting Child and Youth Plan of the Federation (KJP) Child and Youth Report Child and Youth Plans of the LänderChild and Youth Reports of the Länder Local and regional facilities and offerings run by voluntary and statutory bodies 2.1.1.2 E

32. Bodies of the non-statutory youth work and youth services Child and youth services are mainly provided by non-statutory, non-profit making bodies and organisations: 2.1.2 E

33. Structure of child and youth services in Germany Statutorychild and youth services Voluntary child and youth services German Bundestag Federal level German National Committee for International Youth Work Federal Government Bundesrat Federal level Other national organisationsand institutions e.g. AGJ, AdB, BKJ, DJH, DJI, IJAB Bundestag Committee for Family Affairs, Senior Citizens, Women and Youth Federal Ministry for Family Affairs, Senior Citizens, Women and Youth Councilof Political Youth Organisa-tions (RPJ) German Federal YouthCouncil German SportsYouth （dsj) Working Party of the highest youth and family authorities of the Länder Umbrella organisations of local authorities at Federal level Welfare organi-sations Bundestag Children‘s Commission Federal Youth Board Land parliament, House of Represen-tatives or Parliament of a City State Land Government or Senate (in a City State) Land level Land level Land Child and Youth Services Committee Welfare Asso-ciations at Land level Land SportsAssocia-tions of the dsj Land branches of the umbrella organisations of local authorities LandYouth Councils Highest youth authority of the Land Land Committees of RPJ Other associations at Land level Youth Office of the Land Town/county / municipal council Town, county, municipality Municipal / county level Municipal / county level Town or CountyYouth Services Committee Town, county, municipal administration Town or county youth office Town or county youth councils Local welfare organi-sations Other local organi-sations Town or county Committee of RPJ Local sportsclubs Key:Direct connection within a given sphere of activitiesDelegates sent to decision-making bodiesAppointment 2.1.3 E

34. Organisation of the youth office at the local level The youth office Youth Services Committee (JHA) Administration The Youth Services Committeedeals with all matters of child and youth services and, in particular, with: Ongoing administrative functions performed in accordance with the statutes of and the resolutions adopted by the local council and the Youth Services Committee. • counselling of young people and families with problems • proposals for the further development of child and youth services • youth service planning • funding and support for voluntary youth service agencies. Composition of the Youth Services Committee: 2/5of the members are representatives of youth organisations, welfare organisations, religious communities, associations 3/5of the members are representatives of the local council. 2.1.4 E

35. Head of the Youth Office Youth Services Committee Administrative structure of the youth office at the local level The Youth Office Administration Day care for children General support Social services Central facilities - central management - planning - controlling - organisation - human ressources - finance - public relations - socio-educational services for childraising and education - adoptions - social services - support in juvenile and family court proceedings - guardianship by the Youth Office/ curatorship - counselling centre - informal youth education centre - residental centre - funding and operation of facilities - youth work - youth social work - socio-educa-tional services for young people - family support - funding and operation of facilities - child minding - specialist counselling 2.1.5 E

36. Co-operation between the statutory and the voluntary sector • Basic principle Statutory and voluntary youth services shall co-operate as partners. • Precedence of the voluntary youth services (subsidiarity principle) When activities can be provided by voluntary youth service providers, the statutory sector shall refrain from activities of its own. • Overall responsibility of the statutory sector The statutory sector, i.e. the youth office, has the overall responsiblity for child and youth services. • Funding for and promotion of voluntary youth service providers Statutory youth services are obliged to promote the voluntary services sector by providing non-material and financial support. 2.2.1 E

37. Participation (pursuant to the Child and Youth Services Act) Principle: Parents and young people are citizens and entitled to benefits. They have participation rights. Professional staff in child and youth services are obliged to involve them. 2.2.2.1 E

38. Participation rights in the decision-making on specific services/benefits • Right of choice (§ 5 KJHG) = right to choose among the facilities and services of various providers and organisations • Involvement of children and young persons (§ 8 KJHG) = right to information, counselling and co-decision in line with a child’s specific stage ofdevelopment • General orientation of education and childraising, equal rights for girls and boys (§ 9 KJHG) = right to the consideration of gender-specific, social and cultural specificities • Participation in youth work (§ 11 KJHG) = the right to co-management and co-decision is the basis of youth work • Participation of parents in day care facilities(§ 22 KJHG) = right to participate in all major decisions concerning running the day care facility • Participation in granting educational support (§ 36 KJHG) = right to the joint development of an assistance plan determining the needs, the nature and the extent of support services. 2.2.2.2 E

39. Gender Mainstreaming • aims … ... to take the differing living conditions and interests of men and women into account in all social projects and decisions from their very beginning and on an ongoing basis. • was … ... conceived within the context of development co-operation and made obligatory for the actions of the Federal Government by the United Nations and the European Union. • should … ... not replace equal opportunities policies but make them more general, concrete and more effective. 2.2.3 E

40. Social benefits in 2006 Totalling approx. € 702 billion. In %: 2.3.1 E

41. Expenditure for child and youth services in 2007 Overall expenditure in 2007: € 22.79 bn = 3 percent of social welfare benefits Structure of the expenditure (%): Expenditure in billion Euro: 59.0 % Day care for children 26.6 % Socio-educational assistance for children with problems, provision for young adults 8.0 % Youth work, socio-educational assistance for young people 0.5 % General promotion of education and up-bringing by the family 5.9 % other services 2.3.2 E

42. Funding sources 84.7 percent of the public funding made available for child and youth services are provided by local authorities (towns, municipalities and counties) Highest Federal authorities Land youth offices and Highest youth authorities of the Land Youth offices and municipalities without a youth office within in a county 2.3.3 E

43. Child and Youth Plan of the Federation (I) Support goals and programmes: • Child and youth services provided by voluntary social service agencies Political education Cultural education Further training Youth and sports • New ways of child and youth services, evaluation, innovation Social education International youth work Youth social work • International study programmes for child and youth service professionals and social workers • Equal opportunities for girls and boys, work with girls and boys Young people with disabilities • Integration of young people with a migrant background Assistance for young people and families • Construction, acquisition, equipment and maintenance of child and youth service facilities Assistance for children Protection of children and young persons • Development and opportunities for young people in social hotspots Strengthening in using the media Other support activities Youth organisation work 2.3.4.1 E

44. Child and Youth Plan of the Federation (II) Support procedures: Direct procedure for recipients of institutional support Application to be submitted directly to BMFSFJ National/central providers procedure Application through federal working parties of voluntary service agencies Länder procedure Application through the highest youth authorities of the Länder Types of support: Project support Institutional support 2.3.4.2 E

45. Fields of activity of child and youth services professionals Share of professionals by gender, 2006 (in %): Status as from 2002 2.4.1 E

46. Social commitment by citizens – voluntary work Social work performed by volunteers:More than 600,000 people • in practical areas of activity: work in youth organisations, open youth work, care activities, guardianship/custodianship, • in organisations: clubs, self-help groups, boards, specialised political committees. Commitment by families:approximately 60,000 foster parents • in substitute families Social services performed by young people: approximately 13,000 persons on compulsory, non-military national service and approximately 1,750 young people doing a voluntary social service year. • in all areas of assistance/services to families 2.4.2 E

47. § 1 KJHG (Child and Youth Services Act) Every young person has a right to assistance in his or her development and to an appropriate upbringing so that he or she can become a responsible and socially skilled personality. (2) Care, upbringing and education of children are the natural right of parents and their primary duty. The state polity monitors the fulfilment of that duty. (3) For the realisation of this right, child and youth services shall especially 1.further young persons in their individual and social development and help to avoid or remove disadvantages, 2.provide educational counselling and assistance to parents and other persons having parental powers, 3.protect children and young persons from harm to their welfare, 4. help maintain or create positive living  conditions and a favourable environment for children, young people and their families. 3.1.1 E

48. Tasks of child and youth services §§ 11-60 KJHG (Child and Youth Services Act) Provisions §§ 11-41 KJHG: §§ 27 – 41 Socio-educational services Integration support for children and youth with emotional/mental disabilities Help for young adults §§ 11 –15 Youth work Youth social work Socio-educational child and youth protection §§ 22 – 26 Support of children in day care facilities and day care §§ 16 – 21 Promotion of education and upbringing within the family • family education • family counselling • family holiday schemes • separation and divorce counselling • Crêche • Nursery school • Day care centres • self-organised group • International youth work • Support for youth organisations • non-residential socio-educational services • foster family • residential care Other tasks (§§ 42-60 KJHG): e.g. provision of care and protection,participation in the proceedings of guardianship, family and youth courts 3.1.2 E

49. Youth work … is a field of socialisation and education in its own right and in addition to family, school and vocational education. Youth work offers should • be based on the interests of young people, • out-of-school education for young people, • be co-organised and co-determined by young people, • youth work in the shape of sports, games and social activities, • youth work in connection with employment, school and the family, • empower young people to self-determination, • international youth work, • motivate young people to be socially responsible and encourage them to a social commitment. • holiday schemes for children and young people, • counselling services for young people.            Youth work programmes are offered by youth organisations and other statutory and voluntary youth service providers. 3.2.1 E

50. Socio-educational provision for children and young people ... assists young people in their integration : by promoting their school and vocational/professional education, by promoting their transition to employment by promoting their integration into society. Socio-educational provisionis a bridge in the transition from school to employment: • in workshops • in counselling centres • in training projects • in residential homes for young people • in integration projects for young people with a migrant background. 3.2.2 E