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1. Governance

2. Cross-sectorial cooperation

Governance

General distribution of responsibilities

The general distribution of responsibilities in child and youth services in Germany is regulated by several pieces of legislation. The most important laws are: 

Social Code (Sozialgesetzbuch, SGB)

The Children and Youth Welfare Act is anchored in the Social Code Book VIII (SGB VIII). 

The implementation and execution of SGB Book VIII is the responsibility of the youth welfare offices at municipal level, the youth welfare offices at federal state level and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend, BMFSFJ) at federal level. In the field of child and youth services, the federal and state governments have the power to make suggestions and provide support (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth – Child and Youth Welfare, Bundesministerium für Familie, Senioren, Frauen und Jugend – Kinder- und Jugendhilfe).

(For more information, go to YouthWiki Chapter 1.2: Youth Policy Governance/National youth law.)

The following two sections of SGB Book VIII are particularly relevant for promoting the inclusion of young people from precarious family backgrounds and those with disabilities: 

• “Educational assistance” (Hilfe zur Erziehung, HzE) (Sections 27 to 35, German Social Code Book VIII; §§ 27 bis 35, 41 im SGB VIII) aims to support young people and families facing a variety of family-related challenges. The HzE programme provides various forms of assistance, such as short-term family support and supplementary assistance or the long-term placement of children and young people outside their family of origin (Child and youth services report; Kinder- und Jugendhilfereport, p. 89). Support is implemented by the youth welfare offices (see below). The number of prescribed educational assistance provisions increases from year to year. Between 2008 and 2021, a 20% increase in provisions was recorded (Kinder- und Jugendhilfereport, p. 91).

• Integration assistance (Eingliederungshilfe) (Section 35a SGB VIII) aims to help young people with disabilities actively participate in society and social life. This is a complex field of action that ranges from support at school to specialised facilities for children and young people with addictions (Kinder- und Jugendhilfereport, p. 116ff). To qualify for integration assistance, the individuals concerned must meet certain requirements:   

  “1. their mental health is likely to deviate from the condition typical of their age for more than six months, and

  2. therefore, their participation in life in society is impaired, or such impairment is to be expected” (Section 35a SGB Book VIII, Integration assistance for children and young people with mental disabilities or anticipated mental disabilities; (SGB VIII § 35a, Eingliederungshilfe für Kinder und Jugendliche mit seelischer Behinderung oder drohender seelischer Behinderung).

  Integration assistance is supported by SGB Book IX, which came into effect on 1 January 2020, as part of the framework for promoting the rehabilitation and participation of people with disabilities. With this introduction, integration assistance was implemented as an independent area through the Federal Participation Act (Bundesteilhabegesetz, BTHG). Rehabilitation organisations provide public welfare services (Kinder- und Jugendhilfereport, p. 128). This categorisation, as enshrined in the Social Code books, results in unlawful discrimination and consequently does not comply with the guidelines of the UN CRPD (cf. Kinder- und Jugendhilfereport, p. 128.). This regulation is also central to the debate about an inclusive reform of Book VIII of the Social Code. (For more details, see YouthWiki Chapter 4.8 Social Inclusion/Current debates and reforms.) 

Child and Youth Services Planning Act (Kinder- und Jugendhilfeplanungsgesetz, KJHG)

The KJHG is part of SGB Book VIII. It governs the principles and procedures for planning child and youth welfare services at municipal and state level.

It defines the tasks of youth services planning, such as assessing needs, developing services and securing needs-oriented care. (For more information, go to YouthWiki Chapter 1.2: Youth policies in general / National Youth Law (Jugendpolitik im Allgemeinen/Nationales Jugendgesetz.)

Youth Protection Act (Jugendschutzgesetz, JuSchG)

The JuSchG regulates the protection of children and young people from potentially harmful influences, including safeguards in the areas of film, television, internet, alcohol and tobacco.

Local regulatory authorities and youth welfare offices monitor compliance with the provisions of the Youth Protection Act. (For more information, go to YouthWiki Chapter 1.2: Youth Policy Governance /National youth law.)

Main actors on federal level (Bund)

The supreme federal authority in the field of youth policy is the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ). The Federal Ministry has the power to make suggestions to help child and youth services evolve further throughout Germany. It fulfils this function by organising its own expert events, producing publications on specific issues, publishing expert opinions and responding to parliamentary questions. In each parliamentary term, the ministry requests experts to submit reports on the situation faced by young people in Germany and on the services provided by the youth welfare sector, known as child and youth reports (Kinder- und Jugendbericht). Working groups for the different fields within child and youth services collaborate with bodies responsible for child and youth welfare services. 

Under the federal government’s Child and Youth Plan (Kinder- und Jugendplan des Bundes), funding is provided for the nationwide child and youth services infrastructure (especially associations and specialist organisations), pilot projects are supported and international youth exchanges and volunteering schemes are promoted (Guidelines for the Child and Youth Plan, Richtlinie des Kinder- und Jugendhilfeplan). 

Made up of up to 15 experts from politics, administration, associations and research, the Federal Youth Advisory Board (Bundesjugendkuratorium, BJK) advises the federal government on fundamental issues relating to child and youth services. The experts are appointed by the BMFSFJ for the duration of one legislative period (four years). The advisory body publishes statements, position papers and makes recommendations that reflect the perspectives of young people and evolving social processes. 

Main actors on regional level (Bundesländer)

Each of Germany’s 16 federal states has as its supreme youth authority a ministry that is responsible for all matters relating to the interests of children and youth policy (acts to implement the Child and Youth Welfare Act (Kinder- und Jugendhilfegesetz), regional child and youth plans to support child and youth services). For instance, Brandenburg has the Ministry of Education, Youth and Sports (Ministerium für Bildung, Jugend und Sport), North Rhine-Westphalia has the Ministry for Children, Youth, Family, Equality, Refugees and Integration (Ministerium für Kinder, Jugend, Familie, Gleichstellung, Flucht und Integration) and Bavaria has the State Ministry for Family, Labour and Social Affairs (Staatsministerium für Familie, Arbeit und Soziales). 

At regional (Länder) level, there are also 17 state youth welfare offices (Landesjugendämter) (North Rhine-Westphalia has two) which function as state-wide agencies for child and youth services. They fulfil the responsibilities of national bodies responsible for youth work and youth welfare services as outlined in SGB Book VIII. They support the local child and youth services (local youth offices and/or independent organisations) and represent the interests of children, adolescents and their families. 

(For more information, go to YouthWiki Chapter 1.4: Youth Policy Governance/Youth policy decision-making.)

Main actors on local level (Kommunen)

In addition to the youth welfare offices at federal state level, there are around 600 youth welfare offices in Germany that are run by local authorities. The youth welfare offices have overall responsibility for local child and youth services. This also includes responsibility for drawing up medium-term youth welfare plans and providing funding for activities for children, young people and families in neighbourhoods, districts and villages. (For more information, go to YouthWiki Chapter 1.4: Youth Policy Governance/Youth policy decision-making.)

Independent child and youth services (Freie Kinder- und Jugendhilfe) 

Independent child and youth services in Germany are delivered by organisations, associations, churches and private providers, which offer independent activities and services in the area of child and youth welfare. Unlike state agencies, such as youth welfare offices or the state youth welfare offices (Landesjugendämter), these organisations are not managed directly by state agencies, but operate independently and autonomously. Independent providers of youth welfare services may perform public youth welfare tasks within the framework of established agreements. They have the same obligations as public-sector organisations, particularly in areas such as quality assurance and documentation. In Germany, independent providers significantly exceed public-sector organisations, and numbers continue to increase (Destatis, Bodies responsible for youth work and youth welfare services, facilities requiring operating licences and educational, management and administrative staff on 15 December 2022 according to organisation type; Destatis, Träger der Jugendhilfe, betriebserlaubnispflichtige Einrichtungen und Pädagogisches, Leitungs- und Verwaltungspersonal am 15.12.2022 nach Art des Trägers). Independent child and youth services organisations can carry out a variety of tasks and provide different services. They play an important role in supporting children, young people and their families. They complement state services, enhance the diversity of the support system and can often respond more flexibly to individual needs. For all child and youth services organisations, eliminating disadvantages and promoting the social integration of children and young people are core principles embedded in both the legal and professional guidelines of their work, allowing social inclusion to be implemented according to individual needs. Public-sector and independent organisations work together closely and update each other about important matters and developments. Under Section 81 of Book VIII of the Social Code (§ 81 SGB VIII), public-sector and independent child and youth services are obliged to cooperate to guarantee needs-based, high-quality care for children, young people and their families (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family Portal;Bundesministerium für Familie, Senioren, Frauen und Jugend, Familienportal). (For more information, go to YouthWiki Chapter 1.4: Youth Policy Governance/Youth policy decision-making).

Cross-sectorial cooperation

As outlined in the section “General distribution of responsibilities”, support for young people in Germany is regulated by different legislative provisions. Depending on the specific legal situation, different ministries and subordinate authorities at federal, state and municipal level are responsible or involved. 

Due to the varying types of support provided under the different legal frameworks and the involvement of various stakeholders, young people with special needs often experience inadequate and inconsistent support in Germany. 

The independent organisations and bodies providing child and youth services are often overseen by different administrative structures, insofar as the law allocates appropriate funding to support young people. They usually work within the framework of various sets of legal provisions that apply to the relevant young people. In accordance with Section 81 of Social Code Book VIII (§ 81 SGB VIII), the implementing providers of independent youth services are required to cooperate with other agencies and public institutions whose activities impact the lives of young people and their families within the scope of their tasks and powers. 

Cooperation also takes place within local youth service committees (kommunaler Jugendhilfeausschuss) and state child and youth service committees (Landesjugendhilfeausschuss). Local youth service committees consist of members of the district or city council as well as citizens who are involved in child and youth services. The committees plan the local youth service programme and discuss current problems and new proposals. State child and youth service committees deal with all fundamental matters relating to child and youth services at federal state level. Among other things, they decide whether to set up specialist committees and working groups, recognise independent youth services organisations and adopt recommendations for independent youth services organisations.

Following a pilot phase, it was decided at the end of 2013 to introduce youth employment agencies (Jugendberufsagenturen) across the country. These agencies bring together all the services outlined in Books II, III and VIII of the Social Code for young people under 25, offering guidance and support to young adults to help them integrate into society, the workforce, and training. Since 2017, around 300 youth employment agencies have been working to help young people transition from school to work. They are not legally independent institutions and they do not have their own budgets or staff; instead, the individual providers are responsible for implementation (Federal Employment Agency. Vocational orientation programme offices; Bundesagentur für Arbeit. Jugendberufsagentur). The employment agencies and job centres (job centres are joint institutions (gemeinsame Einrichtungen, gE) of the Federal Employment Agency; Bundesagentur für Arbeit, BA) work together with a local provider, for instance a municipality.
The cooperation models vary from region to region. Many youth employment agencies serve young people with particular needs. They take a particularly broad approach in metropolitan areas such as Berlin, Bremen/Bremerhaven and Hamburg.

The federal and state governments have been working together since 2010 to implement the EU Youth Strategy. At the end of 2018, the European Council adopted the European Union Youth Strategy for 2019−2027. One of the goals of the current strategy is “to ensure that all young people have the necessary resources to take part in society”. This means empowering young people to shape their own lives, support their personal development and growth to autonomy and independence and build their resilience. The strategy also aims to eradicate youth poverty and promote social inclusion. In line with Germany’s federal structure, the federal government and the individual federal states share responsibility for implementing the EU Youth Strategy. To achieve this, they undertake measures within their respective remits, actively involving all stakeholders in youth work, youth social work and educational child and youth protection as well as young people themselves.

For more information about the implementation of the EU Youth Strategy in Germany, go to EU-Jugendstrategie.

In Germany, the social integration of children and young people is supported not only by child and youth services, but also through education policy (the formal education system), labour market initiatives and social policy.

The federal and state governments are responsible for shaping education policy in different ways. The highest authority at federal level is the Federal Ministry of Education and Research (Bundesministerium für Bildung und Forschung, BMBF), which is in charge of vocational education and training. The 16 federal state ministries (Landesministerien) are responsible for school and higher education, including the college-based part of vocational training. 

Labour market and social policies are developed according to the Social Code (Sozialgesetzbuch, SGB). The most significant provisions within the SGB that support social inclusion are: 

• Social insurance (Sozialversicherung). The SGB regulates the various branches of social insurance, including statutory health insurance, pension insurance, unemployment insurance and long-term care insurance. It defines the entitlements and benefits that insured persons receive in these areas, such as sickness benefit, pensions or unemployment benefit (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family portal; Bundesministerium für Familie, Senioren, Jugend und Frauen, Familienportal).

• Social welfare benefit (Sozialhilfe). The SGB defines the social welfare benefit available to individuals facing financial hardship or those with special needs. It specifies who is entitled to benefits and outlines the benefits provided, including basic income for the elderly and persons with reduced earning capacity, assistance with living expenses, housing benefits or care support (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family portal).

• Rights of people with disabilities (Rechte von Menschen mit Behinderung/Beeinträchtigung). The SGB contains provisions to protect and support people with disabilities. These include entitlements to financial benefits, such as integration assistance for people with disabilities, as well as regulations promoting accessibility and participation in social life (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family portal).

• Family benefits. The SGB also regulates a range of benefits for families, including parental allowance (Elterngeld), child benefit (Kindergeld) and supplementary child allowance (Kinderzuschlag). These benefits provide financial support to families and help them balance the demands of family and career responsibilities (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family portal).

• Employment promotion. The SGB contains regulations aimed at promoting employment, including entitlements to unemployment benefit and Unemployment Benefit II (citizen’s allowance; Bürgergeld). It also defines programmes for vocational training and professional development to improve jobseekers’ opportunities on the labour market (Bürgergeld).

The measures are also implemented through the labour market and social policies of state-level ministries and agencies.