Partnerschaft und Familie
Procedure
- Foster carers must apply to the family court for the child to remain in the foster family. The family court in whose district the child's center of life is located is responsible.
- The court must also take action ex officio, so that the youth welfare office can also file a corresponding application.
- Pending the conclusion of the proceedings, the court can issue a temporary order according to which the foster child remains with the foster family until a decision is reached.
- Foster children 14 years of age and older must always be heard by the court in proceedings concerning the care of persons or property. A child under 14 years of age shall be heard if his or her inclinations, attachments or will are of importance to the decision or if it appears necessary to establish the facts of the case.
- The court's decision is in any case based on the "best interests of the child" principle.
Legal bases
More information
In addition to requesting that the child remain in foster care, an emergency request for "issuance of a temporary order of retention" may also be filed.
