Legal requirements and agreements

Rechtliches

Legal requirements and agreements

At a glance: Everything you need to know

The Child and Youth Welfare Act (Eighth Social Code - SGB VIII) forms the federal legal basis for the organization of child and youth welfare in Germany

The Child and Youth Welfare Act regulates, among other things, the legal framework for the areas of youth work, youth social work, educational child and youth protection, family counseling, educational assistance, child protection, the promotion of children in child daycare facilities and in child daycare.

The following implementation laws, state laws, ordinances and agreements are also important in the area of child daycare in North Rhine-Westphalia:

Act on the early education and support of children (Child Education Act)

As a state law, the Child Education Act (KiBiz) 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 educational and upbringing mission in early childhood,
  • ensuring a diverse and needs-based supply structure,
  • ensuring pedagogical quality and minimum staffing levels in daycare facilities,
  • the funding system based on flat rates,
  • language education integrated into everyday life for all children from the outset as a standard statutory task,
  • the legal anchoring of family centers, daycare centers with special support needs (plusKITAs or language support)making opening and care times more flexible
  • ensuring child day care as an equivalent childcare service

Regulations of the Child Education Act

The minimum deployment of staff in child daycare facilities includes the management hours specified in the annex to Section 33 (1) KiBiz as well as the minimum number of specialist staff hours, plus the same number of supplementary staff hours in group form III. In daycare facilities with a special focus or need for support, further financial resources are added, for example as a family center or a subsidy for staff at plusKITAS.

Pedagogical staff have the important task of creating an educational partnership based on partnership and trust. In view of the great importance of the elementary sector for the entire educational biography of all children, the understanding of education has been re-emphasized in the KiBiz. The focus is on individualization, a focus on strengths and the equal participation of children. As a rule, several discussions should take place with parents over the course of the year regarding the individual development processes and educational biography of their children. If, in exceptional cases, only one meeting with parents is possible during the kindergarten year, it should in any case focus on the child's development, special interests and abilities as well as planned measures for the targeted support of the child. Parents who require communication support and whose children are cared for in a child daycare facility or in child daycare are entitled to barrier-free communication, for example a sign language interpreter (see Section 9 (1) KiBiz).

In § 18 KiBiz, the framework conditions for observation and documentation in the childcare facility are set out. Everyday observation and subsequent documentation and evaluation form the basis for the educational activities of the professionals and are essential tools for reflecting on the developmental and educational processes of their child with the parents. Daycare facilities are obliged to incorporate the observations made from the outset into initial documentation no later than six months after the child is admitted to the facility in order to be able to provide continuous, individual and optimal support for the development of each child on this basis. In order to be able to better assess what is being observed, an intake interview should also take place with the parents in the first few months in order to get to know the child's inclinations, abilities, interests and ideas, as well as any difficulties. Observation should be holistic and cover all areas of education, with particular emphasis on motor and language development, depending on the age of admission. Development and educational documentation requires the written consent of the parents. In the interests of the child and in order to ensure a successful transition from elementary to primary school, teachers can also be given an insight into the child's previous educational biography if the parents have given their written consent. It is important to note that the parents' consent to disclosure at the beginning of the child's admission to the daycare center is not sufficient. Consent to disclosure must be given in close temporal connection with the teachers' opportunity to inspect the data. In this context, the child day care facilities are obliged to inform the parents of the possibility to object. The development and education documentation is handed over to the parents as soon as the child leaves the daycare facility.

Each child day care facility should offer opening and care times that meet the needs of the child, taking into account the best interests of the child and the wishes of the parents (§ 27 Paragraph 1 KiBiz) and is obliged to guarantee regular care and support for all children admitted throughout the year (§ 27 Paragraph 3 KiBiz).

The scope and maximum number of days on which a child daycare facility can close is regulated in the Child Education Act (Section 27 (3) KiBiz). The possible closing days refer to a calendar year. However, since the KiBiz generally refers to the kindergarten year, the closing days should, if possible, comply with the legal requirements both in terms of the kindergarten year and the calendar year.

The term closing days is always understood from the parents' point of view, i.e. this also includes closing times for pedagogical concept days, further training or team building days. Within the scope of these possibilities, the child day care facility can determine the closing days on its own responsibility. The number of annual closing days (excluding Saturdays, Sundays and public holidays) should not exceed 20 opening days and more than 27 opening days are not permitted.

The new regulation in Section 46 KiBiz establishes financial support from the state for the qualification of educational staff. The promotion of qualifications for educational staff is a decisive building block for quality. The guiding principle is to make a lasting and sustainable contribution to quality development, to deepen existing skills, to ensure professionalism and to accompany and support the further development of educational work.

The daycare facilities receive operating subsidies based on the registered occupancy rate. The so-called planning guarantee has been in place since the 2015/2016 kindergarten year. It serves to cushion the downward occupancy risk and is intended to ensure greater planning security for providers. The planning guarantee ensures that if occupancy falls, for example due to regional demographic developments, the facility is financed on the basis of the previous year's actual occupancy and staff can continue to be employed on this basis over the course of the year.

Regulation on qualifications and staffing ratios Personnel Ordinance of November 27, 2024

The ordinance on the principles of qualification and staffing ratios (Personnel Ordinance - PersVO) on the basis of Section 54 (2) sentence 1 number 8 and sentence 3 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 Homeland, Municipal Affairs, Building and Digitization, which was developed and agreed in advance together with the municipal umbrella organizations, the umbrella organizations of independent welfare services and representatives of the churches.

The content of the Personnel Ordinance can be found here.

Further information on the content and application of the Personnel Ordinance can be found on the page "Working in the daycare center".

Education agreement 2015

The foundations for later successful learning and therefore for good development and participation opportunities are laid in the first years of a child's life. Good early childhood education is a decisive factor for more equal opportunities.

With this in mind, the municipal umbrella organizations, the umbrella organizations of independent welfare services, the churches, the two state youth welfare offices and the then Ministry for Family, Children, Youth, Culture and Sport of North Rhine-Westphalia as the supreme state youth authority agreed on a new education agreement based on Section 26 (3) KiBiz in the version valid until July 31, 2020, which focuses on the holistic relationship between education, upbringing and care.

Training agreement for the elementary sector

Pedagogical professionals in child daycare facilities and childminders make a significant contribution to promoting children and supporting families with the education, upbringing and care of children. In addition to securing and improving the framework conditions, the focus is on the quality of educational work.

Similar to the agreement process on an education agreement, the municipal umbrella organizations, the umbrella organizations of independent welfare services, the churches, the two state youth welfare offices and the then Ministry for Family, Children, Youth, Culture and Sport of North Rhine-Westphalia as the highest state youth authority agreed for the first time in a joint dialogue on a training agreement in accordance with Section 26 (3) of the Child Education Act in the version valid until July 31, 2020.

Directive on the granting of subsidies for investments

With the Pact for Children and Families in North Rhine-Westphalia of January 8, 2019, the state government is supporting local authorities and providers and guaranteeing that every necessary childcare place will be approved and funded in line with local demand during this legislative period. Through the additional use of state investment funds, the place expansion guarantee ensures that the needs-based expansion of childcare places in North Rhine-Westphalia can be implemented across the board.

In addition, the new version of the "Act on Federal Financial Aid for the Expansion of Daycare for Children" (KitaFinHG) came into force on 17 July 2020, the fifth chapter of which contains regulations for a 5th federal investment program "Childcare Financing" 2020-2021. In order to implement the 5th federal investment program, this was incorporated into the structure of the existing funding guidelines. As the regulations of the KitaFinHG do not differ in principle from the previous federal investment program, the funding object of the 5th federal investment program 2020-2021 corresponds to the structure of the 4th federal investment program 2017-2020 and the Kita-Investitionsprogramms-NRW 2025 of the state of North Rhine-Westphalia.

The 5th Federal Investment Program is part of the federal government's economic stimulus package to strengthen investment activities. The deadlines set by the federal government for implementation are very short:

  • Investments that serve to create or equip additional childcare places and that were started in the period from January 1, 2020 to December 31, 2021 are eligible for funding.
  • The investments must be completed by June 30, 2022.The federal funds must be approved by the deadline of June 30, 2021.

    The amendment to the guideline was also used to adjust the assessment bases in the funding guideline for new construction, expansion and conversion measures in view of the development of construction prices in recent years. The increase amounts to at least 10%, depending on the measure. In addition, measures under the state investment programs can now be carried out until 2023. The implementation period for the 4th Federal Investment Program 2017-2020 has been extended by one year.

    You can download the guideline on the granting of grants for investments for additional places in child daycare facilities and child daycare from October 19, 2020 via the link below.

    Circulars, decrees, work aids and forms

    Further circulars and decrees on child daycare facilities and child daycare as well as on investment funding can be found on the websites of the state youth welfare offices of the Rhineland Regional Association and the Westphalia-Lippe Regional Association at