When is the youth welfare office informed?
The youth welfare office (Jugendamt) must act when it learns of significant indications that the welfare of a child or young person is at risk. It then assesses the risk together with several specialists (section 8a SGB VIII). Teachers, doctors, addiction counsellors and other professional groups should first speak with the child and the parents when such indications arise. If that is not enough, they are entitled to inform the youth welfare office (section 4 of the Act on Cooperation and Information in Child Protection, KKG). The law does not name cannabis use alone as a reason. If young people are caught using cannabis, the authorities inform the parents or legal guardians, according to the BIÖG, and in some cases the local youth welfare services are also involved.
What the youth welfare office is and what it does
The youth welfare office (Jugendamt) is the municipal body for child and youth services. It advises families, supports children and young people and checks whether the welfare of young people is at risk. Criminal prosecution lies with other authorities. However, the youth welfare office takes part in proceedings under the Juvenile Court Act (section 52 SGB VIII).
Children and young people have the right to approach the youth welfare office on all matters of upbringing and development (section 8(2) SGB VIII). They are entitled to advice without the knowledge of the persons with parental custody, as long as informing them would defeat the purpose of the advice (section 8(3) SGB VIII).
What child welfare means
The law speaks of significant indications that the welfare of a child or young person is at risk (section 8a SGB VIII, section 4 KKG). It does not name cannabis use alone as such an indication. The youth welfare office assesses whether a risk exists together with several specialists.
The youth welfare office involves the parents or legal guardians as well as the child or young person in the risk assessment, as long as effective protection of the child or young person is not thereby called into question (section 8a(1) SGB VIII).
When informing is an option
Informing the youth welfare office is an option when significant indications of a risk exist and the situation cannot be resolved in conversation with the child and the parents, or the conversation has failed (section 4(3) KKG). In cases of urgent danger, doctors should inform the youth welfare office without delay. The professional groups named have an entitlement to advice in advance from a professional with specific expertise (insoweit erfahrene Fachkraft), and the data are pseudonymised for this purpose (section 4(2) KKG).
The persons concerned must be told in advance that the youth welfare office will be informed, unless this would call the effective protection of the child or young person into question (section 4(3) KKG). The youth welfare office should promptly report back to the person who gave the information on whether it considers the indications confirmed and whether it has taken action (section 4(4) KKG).
When it is still too early
For the professional groups named, the law first provides for a conversation with the child and the parents (section 4(1) KKG). A single finding or a one-off incident does not automatically have to go to the youth welfare office. It is worth clarifying the situation calmly first.
Counselling services help to place the situation in context. They explain which steps make sense and when it is time to seek further support. The article on the first steps for parents describes this phase in more detail.
What parents can do beforehand
- Seek a conversation with your child, calmly and without accusations, and listen before you judge.
- Note concrete observations with dates, and do not record mere assumptions.
- Get advice from a counselling service before you make a decision.
- Talk to the school if conspicuous behaviour is also visible there, and agree on joint steps.
A conversation with the youth welfare office itself can also be a form of advice. Many offices offer talks before any formal measure is under consideration. The offers under help and counselling name contacts.
What professionals should bear in mind
Teachers and other professionals often stand between trust and responsibility. Before making a report, the team should clarify which body is responsible and which internal school rules apply. The school management is usually the first point of contact before a report is considered.
Teachers at state and state-recognised private schools are among the persons named in section 4(1) KKG. Further duties arise from the school law of the state. The article on reporting duties for teachers in cannabis incidents provides guidance.
How the procedure usually runs
The youth welfare office assesses the risk, involves the parents or legal guardians and the child or young person, and, where professionally required, forms a direct impression. If it considers help suitable and necessary, it offers this to the parents or legal guardians. If it considers that the family court must be involved, it calls the court. In cases of urgent danger, it takes the child or young person into its care (section 8a(1) and (2) SGB VIII).
How school and parents work together
The school knows the young person from a different perspective than the family. Teachers notice changes in performance, absences or behaviour in class. When school and parents exchange these observations, a more realistic picture emerges, and there is a chance of shared solutions.
It is important that both sides handle the information confidentially. A clear framework for conversations and fixed contact persons prevent rumours from arising and from straining the relationship.
Which help may be considered
- Advice for parents who want to reorganise daily life with the young person.
- Conversations with the young person that are held without accusations.
- Addiction counselling services if use becomes problematic.
- Support with school, training and leisure time.
Which help is suitable depends on the situation. The local offers are listed under help and counselling.
What you can concretely do
If you are worried about a child, the first step is usually a conversation with a counselling service. There you can order your observations and plan the next steps, without triggering a report straight away. If you see a serious risk, act without delay and get support immediately.
Frequently asked questions
Must I inform the youth welfare office if my child uses cannabis?
These child protection rules (section 8a SGB VIII, section 4 KKG) are addressed to the youth welfare office and to professionals. If you are worried about your child, you can get advice from a counselling service or from the youth welfare office itself.
Does the youth welfare office learn about a police check?
According to the BIÖG, the authorities inform the parents or legal guardians when young people are caught using cannabis. In some cases, the local youth welfare services are also involved. The source sets out no fixed procedures; they depend on the individual case.
Does informing the youth welfare office have consequences for the child?
The youth welfare office first assesses the risk. If it considers help suitable and necessary, it offers it to the parents or legal guardians (section 8a(1) SGB VIII). Only if it considers the family court necessary does it call that court (section 8a(2) SGB VIII).
Sources
- SGB VIII, § 8a Schutzauftrag bei Kindeswohlgefährdung (gesetze-im-internet.de)
- KKG, § 4 Beratung und Übermittlung von Informationen (gesetze-im-internet.de)
- SGB VIII, § 8 Beteiligung von Kindern und Jugendlichen (gesetze-im-internet.de)
- SGB VIII, § 52 Mitwirkung in Verfahren nach dem JGG (gesetze-im-internet.de)
- BIÖG cannabispraevention.de: Gesetzeslage für Jugendliche