Unaccompanied Minor Foreign Nationals—Housing and Care

Unaccompanied minor foreigners (umA) are children and adolescents who enter the Federal Republic of Germany from crisis regions around the world without a legal guardian or parent and who have not yet reached the age of 18 at the time of entry (see Section 42(1), first sentence, No. 3 of SGB VIII). Legal

guardians are, first and foremost, the parents of a minor child. A legal guardian is any adult who, on the basis of an agreement with the legal guardian, performs duties of personal care not merely on a temporary basis and not merely for individual tasks (§ 7(1)(6) SGB VIII). Although the agreement does not require any specific formalities and is usually established through conclusive conduct, an authorization—even if implied—from the legal guardian to lawfully exercise the functions of legal guardianship (parental responsibility) is indispensable in every case. If the requirements for parental authority are not met, the Youth Welfare Office is obligated to take the minor into temporary custody pursuant to § 42a (1), sentence 1, SGB VIII. Otherwise, temporary custody is not an option.

As soon as it becomes known that an unaccompanied minor has entered Hesse, the agency that first learned of the minor’s arrival (the Hessian Initial Reception Center, the Federal Police, or a similar agency) notifies the local youth welfare office with jurisdiction. The Youth Welfare Office then conducts an initial interview with the unaccompanied minor to verify the minor’s personal information and age and to determine whether the requirements for provisional placement in care pursuant to Section 42a of Book VIII of the Social Code (SGB VIII) are met.

This is immediately followed by the so-called “initial screening,” during which the following criteria are assessed:
 

• Would the well-being of the child or adolescent be jeopardized by conducting the distribution process?
• Is a relative of the child or adolescent currently residing in the country or abroad?
• Does the best interests of the child or adolescent require that he or she be placed in care together with siblings or other unaccompanied foreign children or adolescents?
• Does the child’s or adolescent’s health preclude the completion of the placement process (within 14 business days after the start of temporary custody)? A medical opinion should be obtained for this purpose.

Once it has been determined that the unaccompanied minor (umA) is eligible for placement, the state distribution office, after receiving notification from the Federal Office of Administration (BVA), forwards the number of umA to be transferred to the state distribution office of the receiving federal state. From there, the data is forwarded to the new competent, receiving youth welfare office. The BVA determines in advance which federal state is responsible using the Königstein Key and notifies the Hessian State Distribution Office of this decision.

Hesse has currently exceeded the quota determined by the Königstein Key, so Hesse is currently only a sending state, not a receiving one. In the event of taking a child into care, the unaccompanied minor is immediately placed in suitable housing or a facility within the jurisdiction of the competent, receiving youth welfare office.

In addition, the youth welfare office immediately appoints a guardian for the unaccompanied minor through the family court. The appointment of a guardian is made ex officio if the requirements are met (Sections 1773, 1774 of the German Civil Code (BGB)) and therefore does not require a formal application. However, it is necessary to request that proceedings be initiated before the family court (see § 24 FamG, according to which the initiation of proceedings before the family court requires only a request, provided that the proceedings are initiated ex officio). This means that the court acts ex officio within the scope of its duty of care when it becomes aware of circumstances that might require legal assistance measures, and initiates (ex officio) investigations to further clarify the facts of the case. For example, the guardian arranges regular schooling for the person under guardianship, initiates steps regarding residence status (filing an asylum application), applies for educational assistance (§§ 27 ff. SGB VIII),…
 

The care and support of unaccompanied minors (umA) is the responsibility of the respective local Hessian youth welfare offices. The social services departments of the youth welfare offices develop an individualized support plan with and for the unaccompanied minor to ensure the best possible individualized support, development, and guidance for the young person.