Cross-border placement of a child including foster family

1 Which authority is to be consulted and to give prior consent before the cross-border placement of a child within your territory?

Consent must be given by the youth welfare office (Landesjugendamt - LJA) responsible for the Land in which placement is planned. Germany has 16 Länder (federal states) and 17 youth welfare offices (one for each Land, with two in the Land of North Rhine-Westphalia. The addresses can be found at http://www.bagljae.de/). If no specific proposal has been made with regard to where a placement is to be made, the determining factor will be the youth welfare office area deemed by the German central authority to have the closest connection. Otherwise, the Land of Berlin has competence (Section 45 of the Act implementing certain legal instruments in the field of international family law [Gesetz zur Aus- und Durchführung bestimmter Rechtsinstrumente auf dem Gebiet des internationalen Familienrechts]; International Family Law Act [Internationales Familienrechtsverfahrensgesetz – IntFamRVG]). 

2 Please describe shortly the procedure for consultation and the obtaining of consent (including required documents, deadlines, modalities of the procedure, and other relevant details) for cross-border placement of children within your territory.

Applications for consent relating to the placement of a minor from another EU Member State (with the exception of Denmark) is sent via the central authority of the other EU Member State to the Federal Office of Justice (Bundesamt für Justiz) in Germany, which then forwards the application to the competent German youth welfare office.

The German youth welfare office that has local competence will normally grant the request in accordance with Section 46(1) IntFamRVG if

1. carrying out the intended placement in Germany is in the best interests of the child, in particular because they have a particular connection to Germany;

2. the authority in the child’s country of origin has submitted a report and, if necessary, medical certificates or assessments setting out the reasons for the intended placement;

3. the child has been heard in the course of the proceedings in the child’s country of origin, unless a hearing seemed inappropriate in view of the age or maturity of the child. A hearing that is appropriate to the child’s age and stage of development and deals with the subject of placement in Germany is generally deemed to be necessary from the age of 3 years;

4. the appropriate institution or foster family has given its consent and there are no reasons not to proceed with the placement;

5. an approval required under the law on foreign nationals has been granted or promised; and

6. arrangements have been made regarding the assumption of costs (including sufficient health insurance).

The youth welfare office must have the intended granting of consent approved by the family court (Familiengericht) at the seat of the higher regional court (Oberlandesgericht) within whose jurisdiction the child is to be placed before notifying the requesting foreign authority of the consent (Section 47(1), first sentence, IntFamRVG).

After the approval has been granted or refused, the competent German youth welfare office informs the requesting foreign authority, the German central authority and the institution or foster family where the child is to be placed of the reasoned final decision (Section 46(5) IntFamRVG).

The following information and evidence are required:

- name, address and telephone number of the competent foreign authority placing the child;

- name, date of birth and nationality of the child (copy of identity card or birth certificate);

- (intended) duration of placement;

- reasons/basis in expert opinion for placement in general and placement in Germany in particular (including any previous decisions by a court);

- information concerning the child’s state of health (if available: doctors’ certificates/assessments);

- name, address and telephone number of the receiving foster institution/foster family in Germany;

- agreement of the foster institution/foster family to placement of the child;

- if available: - determination of suitability for fostering/foster licence of the receiving foster family or operating licence of the receiving institution in accordance with German law;

- contact details of the person(s) with custody;

- evidence that the child has been heard in the course of the proceedings in the child’s country of origin, unless a hearing seems inappropriate in view of the age or maturity of the child;

- evidence of clarification of who will assume the costs;

- evidence of the child’s health/liability insurance.

All information and evidence must be translated into German.

The right to request further information and/or documents in an individual case is reserved.

3 Has your Member State decided that consent is not required for cross-border placements of children within your territory where the child is to be placed with certain categories of close relatives? If yes, what are the categories of close relatives?

No.

4 Does your Member State have in place any agreements or arrangements for simplifying the consultation procedure for obtaining consent for the cross-border placement of children?

We know of no such arrangements.

We are aware of an agreement between the youth welfare office of the Rhineland regional authority (Landschaftsverband) and the Government of the German-speaking community in Belgium.