Description
Description
In contrast to educational assistance, the law does not link the entitlement to the legal guardians, but to the child or young person themselves.
Children or adolescents are entitled to integration assistance if 1) their mental health is likely to deviate from the typical state for their age for more than six months and 2) their participation in society is therefore impaired or such an impairment is to be expected.
To determine the deviation from mental health, the public youth welfare organization must obtain the opinion of a child and adolescent psychiatrist or therapist.
The review and determination of an impairment of participation is the responsibility of the public youth welfare organization.
The overall professional responsibility for the decision and provision of assistance in accordance with Section 35 a SGB VIII lies with the local youth welfare organization.
Assistance is provided according to the needs of the individual case
- in outpatient form,
- in day care facilities for children or in other day care facilities,
- by suitable caregivers and
- in day and night facilities and other forms of accommodation.
The basis for the legal entitlement to assistance in accordance with Section 35a of Book Eight of the German Social Code (SGB VIII) is the classification of mental disorders according to the current International Classification of Mental Disorders as published by the World Health Organization (ICD-10).
Assistance in accordance with Section 35a SGB VIII is aimed at children and young people and ends when they reach the age of 18. Young adults who are mentally disabled or at risk of such a disability are therefore not entitled to assistance under Section 35a SGB VIII. For this group of people, assistance for young adults according to SGB VIII or integration assistance for mentally disabled persons (adults) according to § 53 SGB XII can be considered. This type of benefit also includes (impending) mental disability.
Young people who have reached the age of 15 can - in contrast to educational assistance - submit and pursue applications for benefits themselves. However, the consent of the person with custody is required with regard to the determination of residence if assistance is provided outside the family.