Bestellung der Pflegeeltern zum Pfleger oder Vormund

• §§ 1773 bis 1847 Bürgerliches Gesetzbuch (BGB) – Vormundschaft
• §§ 1909 bis 1921 BGB – Pflegschaft

Foster children are often under guardianship or tutelage. A guardian is the legal representative for a child in all matters. In contrast, a caregiver is only responsible for a limited area of care.

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• If a foster child is integrated into his or her foster family and will remain there permanently, the foster parents can also be appointed as guardians or custodians and thus receive custody or parts of custody.
• When making its decision, the family court will pay particular attention to the fact that you are suitable to lead the tutelage/guardianship according to your personal circumstances and your financial situation as well as according to the other circumstances.
• You can only be assigned tutelage/legal guardianship if you are of age and legally competent.

Note: If several persons apply for guardianship/caretakership and there are relatives of the foster child among them, they are usually given priority.

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• Either you are proposed to the court by the youth welfare office (Jugendamt) or you make this proposal yourself in court. In the latter case, the youth welfare office must then give an opinion on this proposal.
• The court decides on your application, taking into account the best interests of the child, and appoints you as carer or guardian. With a handshake on oath, the judge obliges the guardian to fulfil his or her duties conscientiously.
• When deciding on a change of custody, the following parties must be heard:
• the youth welfare office
• the natural parents (if they still have custody)
• the child, if he or she is older than 14 years
  (As a general rule, the older the child, the more weighty his or her opinion)
• the foster parents

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Appeal (details in the court order)