Dienstleistungsportal Bayern

Description

Prerequisites

Permission is to be granted if the welfare of the children in the daycare facility is guaranteed. As a rule, this can be assumed if

• the provider has the necessary reliability for the operation of the facility
• the spatial, professional, economic and personnel requirements for the operation, which correspond to the purpose and concept of the facility, are met and are guaranteed by the sponsor
• the social and linguistic integration and a health-promoting living environment in the facility are supported and the preventive health care and medical care of the children and adolescents are not impeded, and
• to ensure the rights and well-being of children and adolescents in the facility, the development, application and review of a concept for protection against violence, appropriate procedures for self-advocacy and participation as well as the possibility of complaints in personal matters inside and outside the facility are guaranteed.

Procedure

The application must be submitted in writing to the district administrative authority (district office or city administration) or, in the case of daycare centers run by independent municipalities, to the government. This authority then examines - if necessary also by visiting the premises - whether the requirements for the granting of the operating license are met.

Special notes

According to the requirements of the individual case, the responsible specialists have the right and the duty (also unannounced) to check the ongoing operation of the facility, especially in case of danger. The commencement (and an imminent closure) of the operation of a facility requiring a permit must be notified to the competent authority, stating the name and address of the operator, the type and location of the facility, the number of places available, and the names and professional training of the manager and care staff. Any changes and the number of occupied places must be reported once a year.

Deadlines

none

Required documents

• Concept incl. protection concept

• Floor plans with square meter specifications and functional description

• Statutes of the executing agency

• Evidence of formal qualifications of management

• Extended certificate of good conduct of the facility management

• Rental agreement

• Surrender contract

• Usage agreement for dual use

• Building permit (including change of use/fire protection)

• Childcare contract

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

• Prefillable Form, Bavaria-wide: Antrag auf Betriebserlaubnis für Kindertageseinrichtungen nach § 45 SGB VIII

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• none

Legal bases

• § 45 Sozialgesetzbuch VIII (SGB VIII)

  Erlaubnis für den Betrieb einer Einrichtung

• Art. 9 Bayerisches Gesetz zur Bildung, Erziehung und Betreuung von Kindern in Kindergärten, anderen Kindertageseinrichtungen und in Tagespflege (Bayerisches Kinderbildungs- und -betreuungsgesetz - BayKiBiG)
• Rahmenbedingungen und rechtliche Grundlagen für die Kindertagesbetreuung in Bayern

  Informationen des Bayerischen Staatsministeriums für Familie, Arbeit und Soziales

Remedy

An appeal or administrative court action may be brought against the decision on the application for an operating license.

Related issues

• Homes for minors; notification of commencement of operations, impending closure, and special events.
• Homes for minors; application for an operating license.
• Child day care facilities; notification of commencement of operations, impending closure, staff notification, and special occurrences
• Child day care facilities; request for staff approval.
• Child day care; application for a care permit