Homes for minors; application for an operating license.

Sponsors of homes and day care centers for minors require an operating license in accordance with § 45 SGB VIII.

Description

Prerequisites

Permission is to be granted if the welfare of the children and adolescents in the home or in the day care center of child and youth welfare or integration assistance is guaranteed. As a rule, this can be assumed if

  • the spatial, professional, economic and staffing requirements for operation, which correspond to the purpose and concept of the facility, are met
  • social and linguistic integration and a health-promoting living environment are supported in the facility, and preventive health care and medical care for 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.

Special notes

The following further requirements and tasks must be ensured in the ongoing operation of a facility after an operating license has been issued:

  • The competent specialists of the authorities granting the operating license (home supervisors) have the right and the duty (also unannounced) to check the ongoing operation of the facility according to the requirements of the individual case and in particular in the event of danger.
  • The operator of the facility must notify the authority issuing the operating permit of events or developments that are likely to impair the welfare of the children and adolescents.
  • The start of operation of a facility requiring a permit must be reported by the provider to the competent authority issuing the operating permit. The following information must be provided:
    • Name and address of the provider,
    • Type and location of the facility,
    • number of available places
    • Names and professional training of the manager and caregivers.
  • Changes to the above information as well as changes to the concept must be reported immediately by the facility operator.
  • The responsible authority issuing the operating permit must be notified by the provider of any imminent closure of the operation of a facility requiring a permit.
  • The number of occupied places must be reported by the facility operator to the authority issuing the operating permit once a year.
  • The authority issuing the operating permit may prohibit the operator of a facility requiring a permit from continuing to employ the manager, an employee or other staff member in full or for certain functions or activities if facts justify the assumption that he or she does not possess the suitability required for his or her activity.

Required documents

  • Child and youth welfare - Application for operating licence according to § 45 SGB VIII
  • Information on home management, educational management and inter-group services

    (see form "Annex A" under "Forms")

  • Information on the group staff (pedagogical specialists and assistants)

    (see form "Annex B" under "Forms")

  • Room program

    (see form "Annex room program" under "Forms")

  • Pedagogical concept

    (with information on measures for quality development and assurance)

  • Facility-based protection and participation concept

  • Floor plans with details

  • Extract from the register of associations or commercial register

  • Evidence of formal qualifications of management

  • Extended certificate of good conduct of the facility management
  • Decision on the building permit for new buildings or the change of use for existing buildings

  • Rental agreement, lease agreement or purchase agreement, transfer agreement

Forms

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

Status:23.10.2023

Responsible for editing:Bayerisches Staatsministerium für Familie, Arbeit und Soziales

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.