When is a pupil's child welfare at risk?

Whether a pupil's child welfare is at risk is not decided by a teacher alone. The law refers to “substantial indications”. When these become known to the Jugendamt, it assesses the risk of endangerment together with several specialists (section 8a SGB VIII). Cannabis use by minors is always a reason to seek a conversation. Whether it leads to a risk is for specialists to assess in each individual case. This article explains what the provisions regulate and which steps teachers can take.

What does endangerment of child welfare mean legally?

The law contains no generally valid checklist. Section 1666 of the German Civil Code (BGB) describes when the family court intervenes: if the physical, mental or emotional well-being or the property of the child is endangered, and the parents are unwilling or unable to avert the danger, the family court takes the measures necessary to avert it.

For schools the route there matters more than the final stage. It runs through two provisions: section 4 of the Act on Cooperation and Information in Child Protection (KKG), which addresses occupational groups in contact with children, and section 8a of Book Eight of the Social Code (SGB VIII), which addresses the Jugendamt.

What does section 4 KKG set out for teachers?

Section 4 KKG names occupational groups who work with children and young people, including teachers. The provision sets out a procedure:

1. Where there are substantial indications of a risk, they should discuss the situation with the child or young person and the parents or legal guardians.
2. Where necessary, they should work towards the use of help, provided that this does not call into question the effective protection of the child.
3. They are entitled to advice from a specialist with relevant experience at the Jugendamt. For this purpose they may transmit the necessary data, which must be pseudonymised beforehand.
4. If the risk cannot be averted in another way, or the conversation remains unsuccessful, they may inform the Jugendamt and share the necessary data. Those concerned must be told in advance, unless effective protection of the child would thereby be called into question.

The Jugendamt should promptly tell the persons who informed it whether it considers the indications confirmed and whether it has taken action.

How does the Jugendamt assess under section 8a SGB VIII?

The Jugendamt becomes active when substantial indications of a risk to the welfare of a child or young person become known to it. It then assesses the risk of endangerment together with several specialists. Those with parental custody and the child are involved, provided that effective protection is not thereby called into question. Where necessary, this includes an impression of the child's immediate environment. If help appears suitable and necessary, the Jugendamt offers it to the parents.

If the Jugendamt considers that the family court needs to act, it calls the court. If there is an urgent danger and the court's decision cannot be awaited, the Jugendamt is obliged to take the child into care. These steps lie with the specialists at the Jugendamt. The school is not responsible for them.

What role does cannabis play here?

Cannabis is particularly risky for minors. According to the BIÖG, the young brain is in an important stage of development, and in the worst case a school or vocational qualification is at risk because memory works much worse. The specialist service Sucht Schweiz describes that psychological dependence shows itself above all in a strong craving for cannabis.

The drugcom cannabis check asks, among other things, whether you had the impression of no longer being in control of your use. If a young person reports this, that is a reason to speak with school social work about counselling. Specialists judge whether the threshold of endangerment in the sense of the law is reached, taking all the observations together.

What the law sets out for minors

Strict basic rules apply to minors. Possession, acquisition and cultivation of cannabis are banned. Sale and passing on to persons under 18 are also prohibited. The Consumer Cannabis Act also bans consumption in the immediate presence of persons under 18 (section 5 KCanG).

Anyone who gives or passes on cannabis to a child or young person commits a criminal offence. A particularly serious case usually applies if the person passing it on is over 21 years old; the law then provides for imprisonment of three months to five years (section 34(3) KCanG). The law does not exempt families. If a child reports that cannabis is smoked at home and feels uncomfortable about it, that is a reason to involve school social work.

When are parents informed?

According to the specialist page for teachers on cannabispraevention.de, parents must be informed immediately if cannabis is used on a class trip or holiday camp, or if drugs are dealt. When minors breach the cannabis ban, the authorities inform the parents or legal guardians.

Where a possible endangerment is concerned, section 4 KKG first provides for a conversation with the child and the parents or legal guardians, as long as effective protection of the child is not thereby called into question. How you handle this in the individual case is something you clarify with the school management and school social work. The article How does the school involve parents in cannabis prevention? shows how this can succeed.

The conversation with the child

A child who talks about problems at home needs listening and calm. Let them finish, ask what they have experienced, and avoid judgements about the parents. Do not promise anything you cannot keep, such as absolute confidentiality. Explain, however, who has to be informed if you are worried.

Write down what the child said, in your own words, with the date. Separate observation from interpretation. The note helps school social work and youth welfare to assess the situation without the child having to tell the story several times. The article How do schools and youth welfare work together on cannabis? describes the procedures between school and Jugendamt.

Places to turn to for children, young people and parents

Those seeking help will find several services. The Sucht und Drogen Hotline offers advice on addiction and drugs on 01806 313031. The parents' helpline of the Nummer gegen Kummer can be reached on 0800 111 0 550. The DHS addiction-help directory (Suchthilfeverzeichnis) lists counselling services by postcode. For legal questions about a single case, the Jugendamt or a lawyer is the right contact.

What you can do next

If you as a teacher have indications of a risk, record them with the date and a description. Speak promptly with the school management and school social work, and if needed have yourself advised by a specialist with relevant experience; you have a right to this vis-à-vis the Jugendamt. In an acute danger to a child, call the emergency number straight away. You do not need certainty before seeking the conversation.