Legal Requirements and Agreements
At a Glance: Everything You Need to Know
The Child and Youth Welfare Act establishes, among other things, the legal framework for youth work, youth social work, educational child and youth protection, family counseling, educational assistance, child protection, and the support of children in daycare centers and family day care.
The following implementing laws, state laws, ordinances, and agreements are also significant in the area of child day care in North Rhine-Westphalia:
- 1. AG-KJHG
- Children's Education Act (KiBiz)—New Version Effective August 1, 2026
- Implementing Regulation for the Children's Education Act
- Regulation on Qualifications and Staffing Ratios (Staffing Regulation)
- 2015 Education Agreement
- Professional Development Agreement for Early Childhood Education
- Provision of Grants for Additional Spaces in Child Care Facilities and Family Day Care
Act on Early Childhood Education and Development (Early Childhood Education Act)
The Early Childhood Education Act (KiBiz), as a state law, forms the basis of the legal and financial framework for early childhood education in North Rhine-Westphalia.
The core elements of the law include:
- the mandate for education and upbringing in early childhood,
- ensuring a diverse range of services tailored to needs,
- ensuring pedagogical quality and minimum staffing levels in child care facilities,
- the flat-rate funding system,
- language education integrated into daily life for all children from the very beginning as a statutory responsibility,
- the statutory establishment of family centers and child care facilities with special support needs (plusKITAs or those providing language support),
- making opening and care hours more flexible
- ensuring that family day care is recognized as an equivalent care option.
Provisions of the Child Education Act
The minimum staffing requirements for child care centers include the management hours specified in the appendix to Section 33(1) of the KiBiz, as well as the minimum number of qualified staff hours; for Group Type III, this is plus the same number of supplementary staff hours. In child care facilities with a special focus or that provide additional support, further financial resources are available—for example, as a family center or a staff subsidy through the plusKITAS program.
Educators have the important task of fostering a collaborative and trusting partnership in education and learning. In light of the great importance of early childhood education for the overall educational journey of all children, the educational philosophy at KiBiz has been redefined. The focus is on individualization, strength-based approaches, and the equal participation of children. As a general rule, several meetings with parents should take place throughout the year to discuss their children’s individual developmental processes and educational journey. If, in exceptional cases, only one meeting with parents is possible during the preschool year, the discussion should in any case focus on the child’s development, their specific interests and abilities, as well as planned measures for the child’s targeted support. Parents who require communication support and whose children are cared for in a daycare center or in family day care are entitled to accessible communication, such as a sign language interpreter (see Section 9(1) of the KiBiz).
Section 18 of KiBiz sets forth the framework for observation and documentation in early childhood education and care centers. Attentive observation integrated into daily life, followed by documentation and evaluation, form the basis for the educational practices of the staff and are essential tools for reflecting with parents on their child’s developmental and educational processes. Child care centers are required to incorporate the observations made from the very beginning into an initial documentation no later than six months after the child’s admission to the center, in order to use this as a foundation for continuously, individually, and optimally supporting each child’s development. To better assess what has been observed, an intake interview with the parents should also take place during the first few months to learn about the child’s inclinations, abilities, interests, and ideas, as well as any potential difficulties. Observation should be holistic and cover all areas of education; depending on the child’s age at enrollment, motor and language development should be given special attention. Developmental and educational documentation requires the parents’ written consent. In the child’s best interest and to ensure a successful transition from preschool to elementary school, teachers may also be given insight into the child’s educational history to date, provided the parents have given their written consent. It is important to note that parental consent to the disclosure of this information at the time of the child’s enrollment in the child care facility is not sufficient. Consent to the disclosure must be given in close temporal proximity to the teachers’ opportunity to review the documentation. In this context, daycare centers are required to inform parents of their right to object. The developmental and educational documentation is handed over to the parents as soon as the child leaves the daycare center.
Every child care facility shall offer opening hours and care times tailored to needs, taking into account the best interests of the child and the wishes of the parents (Section 27(1) KiBiz) and is required to ensure regular care and support for all enrolled children throughout the year (Section 27(3) KiBiz).
The scope and maximum number of closure days generally permitted for a child care facility are regulated by the Child Education Act (§ 27(3) KiBiz). The possible closure days refer to a calendar year. However, since the KiBiz generally refers to the kindergarten year, the closure days should, whenever possible, comply with the legal requirements both when considered in relation to the kindergarten year and when considered in relation to the calendar year.
The term “closing days” is always understood from the parents’ perspective; that is, it also includes closures for pedagogical concept days, professional development, or team-building days. Within these parameters, the child care center may determine its own closing days. The number of annual closure days (excluding Saturdays, Sundays, and holidays) should not exceed 20 operating days, and more than 27 operating days are not permitted.
The new provision in Section 46 of the KiBiz Act establishes state-level financial support for the professional development of educational staff. Supporting the professional development of educational staff is a crucial component of quality. The guiding principle is to contribute to quality development in a lasting and sustainable manner, to deepen existing competencies, to ensure professionalism, and to accompany and support the further development of educational work.
Child care centers receive operating subsidies based on their registered enrollment. Since the 2015–2016 kindergarten year, the so-called “planning guarantee” has been in place. It serves to cushion the risk of declining enrollment and is intended to provide operators with greater planning certainty. The planning guarantee ensures that if enrollment declines—for example, due to regional demographic trends—the facility will be funded based on the actual enrollment from the previous year, allowing staff to continue to be employed on this basis from one year to the next.
Regulation on Qualifications and Staffing Ratios Personnel Regulation of November 27, 2024
The Regulation on the Principles Governing Qualifications and Staffing Ratios (Staffing Regulation—PersVO), based on Section 54(2), first sentence, item 8, and third sentence of the Child Education Act (KiBiz) of December 3, 2019, entered into force on December 6, 2024.
This is a regulation issued by the Ministry for Children, Youth, Family, Equality, Refugees, and Integration, with the approval of the Ministry of Home Affairs, Local Government, Construction, and Digitalization, which was developed and coordinated in advance together with the municipal umbrella organizations, the umbrella organizations of independent social welfare providers, and representatives of the churches.
You can find the text of the Personnel Regulation here.
Further information on the content and application of the Personnel Ordinance can be found on the page "Working in Daycare".
2015 Education Agreement
The foundations for successful learning later in life—and thus for good opportunities for development and participation—are laid in children’s earliest years. High-quality early childhood education is a crucial factor in promoting greater equality of opportunity.
Against this backdrop, the municipal umbrella organizations, the umbrella organizations of independent social welfare agencies, the churches, the two state youth welfare offices, and the then-Ministry for Family, Children, Youth, Culture, and Sports of the State of North Rhine-Westphalia—as the state’s highest youth authority—agreed, on the basis of Section 26(3) of the KiBiz in the version in effect through July 31, 2020, on a new education agreement that focuses on the holistic interconnection of education, upbringing, and care.
Professional Development Agreement for Early Childhood Education
Educational professionals in child care centers and family day care settings make a significant contribution to children’s development and to supporting families through the education, upbringing, and care of children. In addition to ensuring and improving the overall conditions, the focus is on the quality of educational work.
Similar to the process of reaching an agreement on an educational pact, the municipal umbrella organizations, the umbrella organizations of independent social welfare agencies, the churches, the two state youth welfare offices, and the then-Ministry for Family, Children, Youth, Culture, and Sports of North Rhine-Westphalia—as the state’s highest youth authority—agreed for the first time, through a joint dialogue, on a continuing education agreement pursuant to Section 26(3) of the Child Education Act, as in effect through July 31, 2020.
Guidelines on the Granting of Subsidies for Investments
Through the Pact for Children and Families in North Rhine-Westphalia, dated January 8, 2019, the state government supports local municipalities and service providers and guarantees that, during this legislative term, every necessary childcare spot will be approved based on local demand and receive investment funding. Through the additional use of state investment funds, the place expansion guarantee ensures that the needs-based expansion of childcare spots in North Rhine-Westphalia can be implemented across the entire state.
In addition, on July 17, 2020, the revised version of the “Act on Federal Financial Assistance for the Expansion of Day Care for Children” (KitaFinHG) came into force, which contains provisions in Chapter 5 for a 5th Federal Investment Program “Child Care Financing” for 2020–2021. To implement the 5th Federal Investment Program, it was incorporated into the structure of the existing funding guidelines. Since the provisions of the KitaFinHG do not differ in substance from the previous Federal Investment Program, the scope of funding for the 5th Federal Investment Program 2020–2021 corresponds to the structure of the 4th Federal Investment Program 2017–2020 as well as the Kita Investment Program NRW 2025 of the state of North Rhine-Westphalia.
The 5th Federal Investment Program is part of the federal government’s economic stimulus package aimed at strengthening investment activities. The deadlines set by the federal government for implementation are very tight:
- Funding is available for investments aimed at creating or equipping additional childcare slots that were initiated between January 1, 2020, and December 31, 2021.
- The investments must be completed by June 30, 2022.
- Federal funding must be approved by the deadline of June 30, 2021.
The revision of the guidelines was also used to adjust the calculation bases in the funding guidelines for new construction, expansion, and renovation projects in light of construction price trends in recent years. The increase amounts to at least 10%, depending on the project. In addition, projects under the state investment programs may now be carried out through 2023. The implementation period for the 4th Federal Investment Program 2017–2020 has been extended by one year.
You can download the Guidelines on the Granting of Subsidies for Investments in Additional Spaces in Child Day Care Facilities and Family Day Care dated October 19, 2020, via the link below.
Circulars, Decrees, Guidelines, and Forms
Additional circulars and decrees regarding child care facilities and family day care, as well as investment incentives, can be found on the websites of the state youth welfare offices at the Rhineland Regional Council and the Westphalia-Lippe Regional Council at