Violent criticism of the youth welfare office: babies and mothers separated without sufficient reason?

Two cases, two mothers: the Waldeck-Frankenberg youth welfare office threatened to take away the newborn child.

Korbach - Does the Waldeck-Frankenberg youth welfare office tend to separate mothers and their children without sufficient reasons? The full-time supervisor Uwe Lutz-Scholten from Korbach and Carola Wilcke from the child and youth welfare law association in Dresden are in any case criticizing the decisions of the authority.

The allegations: general resolutions instead of individual help, a lack of transparency in decisions, violations of values ??protected by fundamental rights and prevailing legal opinions.

Violent criticism of the youth welfare office: babies and mothers separated without sufficient reason?

Case 1: The Waldeck-Frankenberg youth welfare office wanted to take the newborn child away from a young woman suffering from a mental illness, although the family court in Fritzlar had previously granted her custody.

"The youth welfare office did not want to accept this decision and has instructed the hospital as soon as the young woman and her son leave the clinic to inform the police and youth welfare office and prevent them from doing so," says Carola Wilcke from the Children's and Youth Welfare Association in Dresden .

The mother had asked Wilcke for help. "We are social workers and act as ombudspersons for the concerns of clients who have problems with the youth welfare office," she explains the work of the association.

Carola Wilcke criticizes the youth welfare office in Waldeck-Frankenberg: "Taking into care is illegal"

Wilcke received the information from the youth welfare office that the decision of the family court was not binding because a complaint had been lodged. The consultant sees it differently: "Taking into care is illegal." The regional council in Kassel also confirmed this legal opinion - but without any response from the Waldeck-Frankenberg authority: "Even the youth welfare office manager was not convinced by the technical information from the RP", so Wilcke.

The youth welfare office finally showed up at the hospital and wanted to take the newborn with them. The mother objected and did not hand over the child. Wilcke: “It was about an hour and a half, during which negotiations took place in the hospital.” The youth welfare office finally left without having achieved anything.

The advisor to the youth welfare law association is above all amazed at how the youth welfare office justifies its decision: “It is remarkable that the youth welfare office was unable to describe any specific risk, but always focused on the mother's illness. This is not per se a reason to take children out of the family. "

Frankfurt Higher Regional Court confirms that mother and child will stay together

Only when the child's well-being is acutely and specifically endangered and outpatient assistance is no longer sufficient, a child may be removed from the family. Wilcke: "That would have been particularly fatal for the baby, because breastfeeding and close contact with the mother mean the first few months are decisive for the bond pattern for the rest of life."

The Frankfurt Higher Regional Court has now confirmed that mother and child can stay together. A family psychological report came to the same conclusion. The decisive factor was that the young woman had organized a well-functioning network of helpers. Disease insight and regular therapy sessions were also rated positively.

Supervisor Uwe Lutz-Scholten: "That is discriminatory"

Case 2: What Carola Wilcke reports sounds familiar to the full-time supervisor Uwe Lutz-Scholten from Korbach. He describes the case of a pregnant, then 16-year-old woman from 2020. She and the then 20-year-old father of the unborn child have cognitive impairments. The mother's wish was to raise the child herself at home.

The first reaction of the youth welfare office according to Lutz-Scholten: The child's well-being is at risk, the child must be taken out of the family from the start. “The youth welfare office only assumed a hazardous situation from the present handicap. That will no longer work in 2020, it is discriminatory, ”Lutz-Scholten refers to the UN Convention on the Rights of the Persons with Disabilities.

Finally, the clerk had a conversation with the mother-to-be. "The young woman was very intimidated and hardly spoke," reports Lutz-Scholten. The office had proposed a three-month stay in a clearing house for the 16-year-old and the newborn. "Then it will be decided whether both will be placed in the mother-child home, whether the mother will raise her child herself or whether the child will be taken out of the family."

Criticism of the youth welfare office in Waldeck-Frankenberg: "Decision made without checking the basics"

At a second appointment, the proposal became a firm decision by the office. Alternatives such as escorted parenting to enable the mother's wish were not only not offered, but were obviously not known and not wanted. “To my question on what basis this decision was taken, I have not received an answer to this day. Apparently it was just the first conversation we had before, ”says the supervisor. The authority violated fundamental rights protected values ??of the parents without examining the basics in its aid plan conference.

The office did not take into account that the family and the carers of the young parents were present in the background as carers. The teachers at the special school had also trusted the young woman to be a responsible mother and put this in writing in a letter. "But the youth welfare office saw no need to take the letter into account," said Lutz-Scholten. Incomprehensible for the supervisor: The Social Services department requested an expert opinion for the approval of help. The youth service, on the other hand, did not request an expert opinion for its more far-reaching decisions.

Although a solution has now been found for the young woman, it is to be expected that the behavior of the youth welfare office, which in his opinion is not legally compliant, will continue, according to Lutz-Scholten. In response to his criticism, the management level and the first district councilor had examined the case, but the reaction would not allow any other approach to be expected next time: no legal misconduct was evident, there was no room for other administrative decisions, the district informed him.

Help for upbringing: How the Waldeck-Frankenberg youth welfare office works

The district does not comment on the specific cases and refers to data protection and confidentiality. However, the district administration answered general questions about the procedure of the youth welfare office at the request of our newspaper.

In what way and to what extent are parents and the child or young person usually advised before deciding whether to seek help?

Consultations on the use of aids for upbringing always take place in a personal consultation. The amount of time varies, depending on the case constellation.

How are parents and, if necessary, legal guardians involved in the planning of assistance and to what extent are their wishes taken into account?

Basically, those entitled to apply decide whether they should attend appointments with their legal supervisor to assess needs or alone. If legal support is involved in the process, they then also have the opportunity to describe their perception of the situation and possible need for help. The right of choice and the right of those entitled to apply is always taken into account if the associated measure is appropriate, necessary and suitable to meet the needs. In the case of disproportionate additional costs, the right to choose and choose does not have to be complied with.

How is collegial cooperation ensured when making decisions about the type of help?

All decisions about applications in the context of assistance for upbringing and inpatient integration assistance are made in the youth service in cooperation with several specialists in a conference.

On what factual basis are decisions usually made? When are appraisals necessary? When are discussions with those affected sufficient?

Decisions are made based on the results of the needs assessment. Expert opinions are always required when integration aids are requested. In the context of educational assistance, discussions with those affected and other parties / institutions are usually sufficient.

The number of children and young people who are at risk in their families through violence, abuse or neglect is also increasing in the Hersfeld-Rotenburg district. The corona crisis is also having an impact here. (Lutz Benseler)

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