Can a child ask for protection themselves?
Yes, and it is set out expressly in law. § 42 Abs. 1 SGB VIII obliges the Jugendamt to take a child into care, among other cases, whenever “the child or young person asks to be taken into care”. This needs no consent from the parents, no application, and no one to report it. A young person who can no longer bear it at home can go to the Jugendamt themselves or – outside office hours – turn to the Kinder- und Jugendnotdienst. This is the least known, and perhaps the most important, sentence on all our pages about this authority. In acute danger, 110 always applies as well.
What happens after a report?
The Jugendamt must follow up on the report. § 8a SGB VIII obliges it to assess the risk of harm – working together with several professionals and, as a rule, involving the parents and child, as long as this does not put the protection at risk. In the great majority of cases, this is followed by a conversation and the offer of non-residential help; taking into care is the last resort. How quickly and in what form the Jugendamt responds depends on the urgency – there is no general deadline for this, and anyone who gives you one is guessing.
Can I report anonymously?
Yes. Anonymous reports are accepted and processed – the Jugendamt must not ignore a report just because no name is attached to it. Bear in mind the practical downside, though: without a way to call you back, no one can ask follow-up questions, and it is often exactly those follow-up questions that decide how robust an assessment becomes. A middle way is to leave only a phone number or email address and ask for confidential handling. For professionals a separate procedure under § 4 KKG applies anyway, for which anonymity is not the issue.
Will my child be taken away immediately if I come forward?
No – and this worry stops many parents from seeking help, even though it has the opposite effect. Taking into care is a provisional emergency measure for cases of urgent danger and expressly a last resort. Anyone who turns to the Jugendamt themselves because they feel overwhelmed is, as a rule, offered advice and non-residential help – for example, socio-educational family support (sozialpädagogische Familienhilfe) that comes to your home. Seeking help on your own initiative counts, in a professional assessment, in your favour, not against you. If you want to talk to someone first without starting a procedure, parenting counselling (Erziehungsberatung) is the right place.
What if I object as a parent?
Then, under § 42 Abs. 3 SGB VIII, the Jugendamt must take one of two decisions: it must hand the child back to you, provided that in its assessment there is no risk to the child's best interests – or it must without delay obtain a decision from the family court (Familiengericht). “Without delay” means without culpable hesitation and is considerably stricter than the claim, found in many places, of “within a few days”. The decision on any interference with your parental custody is for the court alone, and you have full procedural rights there. Get legal advice and ask about an ombudsman office for child and youth welfare.
What rights does the child have while being taken into care?
Several, and they are set out expressly in law. The child or young person must without delay be given the opportunity to notify a person they trust. They must be informed about the measure, specifically “in a form that is understandable, comprehensible and perceivable” – that is, age-appropriate and, where necessary, in a language or form they actually understand. They must also be involved in clarifying what happens next. These rights are not always met on their own; it helps to know them and insist on them – as a relative too, or as an accompanying professional.
Does taking a child into care cost anything?
For the report, of course not. For the measure itself, a claim found in many places is wrong: it is not free of cost contributions. § 91 Abs. 1 SGB VIII expressly lists taking into care under § 42 among the services for which cost contributions are charged. It is the parents who are required to contribute according to their income; the child themselves has paid nothing out of their own income since 1 January 2023. The decisive point remains: protection does not depend on whether someone can pay. The contribution is set separately, graded by income group, and is capped at the actual expenditure.
I am a teacher, doctor or childcare worker — what must I do?
For you, the separate procedure under § 4 KKG applies, which covers doctors, midwives, psychologists, marriage, family, upbringing and youth counsellors, addiction counsellors, social workers and teachers. It is staged: first, you are to “discuss the situation with the child or young person and those with the right to raise them” and work towards help being taken up. Under subsection 2 you can also obtain advice from an experienced specialist in this field (insoweit erfahrene Fachkraft) – this entitlement is little known and very useful. Only once averting the risk in this way is ruled out or has failed are you “authorised” to inform the Jugendamt. In urgent danger, this applies without these preliminary steps.
