The state government in Brandenburg passed the first Children and Youth Act at the beginning of March 2024. With this „Basic Law for Child and Youth Welfare“, Brandenburg is one of the pioneers nationwide in terms of Child and youth protection. The law is intended to transpose or consolidate the key provisions on the protection of children and young people from various laws (Federal Child and Youth Strengthening Act; First Act on the Implementation of Book Eight of the Social Code - AGKJHG) into state law. Around 1,000 Brandenburg residents were involved in the drafting process via online surveys and workshops, allowing children and young people to contribute their own ideas.

Among other things, the law stipulates that all facilities that deal with children and young people must draw up protection concepts. The state must set up ombudsman offices that young people and their families can call in the event of disputes, for example with youth facilities or daycare centres. In addition, a specialist centre for child and youth participation should also be created. The participation rights of providers and the recognition of independent providers should also be standardised by law.

Furthermore, youth welfare organisations - similar to schools - are given a clear framework for action on how to deal with extremism. This includes suitable educational measures as well as the question of when criminal charges should be filed. A coordination centre to avert dangers posed by extremism is also to be set up to advise the state government on preventing extremism. The draft will now go to the state parliament and is due to come into force by September 2024.

Your contacts for questions relating to childcare and school law in our practice are the lawyers Dr Beate Schulte zu Sodingen, Franziska Wilke and Charlotte Blech.