German family association – legal claim kitaplatz: questions – answers

Legal right Kita place: questions & reply

Since August 1st 2013 parents have for your Children born after July 31, 2012 have a legal right to a day care center or childcare. Here we answer the most important questions.

What does the legal entitlement to early childhood support mean??

Since August 1, 2013, the Social Code (Book VIII) has standardized a legal claim to early childhood support in a day care center or in day care. The municipality is therefore legally obliged to provide your child with a day care center or childminder for childcare.

In addition to the right to U3 care, I also have a legal right to a kindergarten place. My child will start school in two weeks, but I would need the space for this time, otherwise I would have to take vacation. Is there any way that my son can stay in kindergarten until the beginning of school?

Although the federal legislature has formulated a legal right to childcare, the implementation is left to the local youth welfare agencies, usually the youth welfare offices. In practice, this means that each individual case is treated differently, the legal claim must be sued if necessary. We recommend that you contact the local youth welfare agency (youth welfare office) to discuss the personal issue on site and to find a suitable solution. However, we would like to refer to the Federal Constitutional Court’s ruling on childcare allowance: "Above all, there is an enforceable benefit claim for access to publicly funded childcare facilities that is not subject to capacity restrictions."

I will receive compensation if the municipality does not provide my child with a day care center?

In three parallel procedures (III ZR 278/15, III ZR 302/15, III ZR 303/15), mothers wanted to work full-time again after one year of parental leave. They registered their children with the city for a childcare place, but did not receive a positive decision even when asked repeatedly. Through their own efforts, they finally found a place to look after their children – but later than planned. Now they demanded compensation for the loss of earnings they suffered as a result. On October 20, 2016, the Federal Court of Justice granted its request and ordered the municipality to pay compensation.

The Bavarian Administrative Court had previously ruled in a similar claim in July 2016. Because the parents could not find a suitable place in an urban crèche, they had registered their child in a private facility. The family was awarded the difference of almost 1,000 euros / month from urban to private crèche as compensation. The defendant city of Munich has announced that it intends to appeal to the Federal Administrative Court.

I am unemployed. Can I still get a daycare place for my child??

The right to a daycare place is not related to a job. You are legally entitled to a daycare place for your child despite unemployment.

I am on a waiting list for a day care center. Therefore my entitlement to a day care center for my child expires?

No. The legal claim applies to the place or childminder, not to a waiting list.

I would be told orally that there is no daycare for my child. I can complain now?

Before you take the legal route, you need a written cancellation. Only then is it possible for you to lodge an objection and then take legal action. It is particularly important to react within the deadlines mentioned.

The nearest daycare center is three kilometers away. Is that reasonable for my child and me at all??

The Cologne Administrative Court has ruled that a distance of five kilometers to the nearest daycare center in the urban area is reasonable.

I would have to drive two hours for the daycare center. Is that OK?

No. According to the Cologne Administrative Court, a period of more than 30 minutes is not reasonable. The Bavarian Administrative Court found that a distance of almost 30 minutes is not reasonable.

What should I do if I want to sue my child for damages?

The lawsuit must be submitted to the competent administrative court. Please note that you are requesting an injunction so that your lawsuit is resolved within four to six weeks. You do not need a lawyer to file a complaint with the administrative court. An informal letter is enough.

Can I refuse the daycare, e.g. if he doesn’t like me and my children?

The legal entitlement has basically been fulfilled by the assignment, i.e. if you refuse a reasonable daycare place for your child, you lose the right to it. It should be noted that the daycare places must meet the applicable requirements, such as supervision keys and qualified employees. If the daycare center does not meet these requirements, you can reject the place.

I am out of work and only got a half-day place for the daycare. I actually wanted a full-time place. Am I entitled to an all-day place??

The Place in the kindergarden must be tailored to the individual needs of the parents. If you have a full-time position, care must be given all day, otherwise you can be assigned a half-day position.

If I complain, what are the costs likely to be?

There is no legal requirement to file a suit before the administrative court. As a rule, the municipalities will bear their legal fees themselves. On the other hand, you can file a claim for damages because, e.g. If you had to place your child in a more expensive, private day care center, you have to involve a lawyer in this civil procedure. If you consult a lawyer at the administrative court for an urgent procedure for the allocation of a daycare place (value in dispute 2500 euros), the legal and court costs will amount to 624.28 euros. If the amount in dispute is 5,000 euros, legal and court fees are expected to be 1,282.28 euros.

My child is currently visiting a private institution. I also have a legal right to a day care center?

This is difficult to answer because the care of your child is basically fulfilled. You can still apply for a municipal childcare place for Her child put. The courts will probably have to clarify whether there is an actual claim.


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Christina Cherry
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