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Integration assistance for mentally handicapped children and young people

In contrast to the aid for education, the law does not tie the claim to the person entitled to care, but to the child or the young person himself.

Children or adolescents are entitled to integration assistance if 1.) their mental health is likely to deviate from the typical state of their age for more than six months and (2)) therefore their participation in life in society is impaired or such impairment is to be expected.

In order to determine the deviation from mental health, the public youth welfare institution must obtain the opinion of a child and adolescent psychiatrist or therapist.

The overall technical responsibility for the decision and granting of assistance in accordance with Section 35 a sGB VIII lies with the local youth welfare agency.
The aid will be provided according to the needs of the

  1. in an outpatient form,
  2. in day care facilities for children or in other semi-stationary facilities,
  3. by suitable carers and
  4. facilities by day and night and other forms of housing.

The basis for the legal claims for assistance in accordance with Section 35a of the Social Code - Eighth Book (SGB VIII) is the classification of mental disorders according to the applicable International Classification of Mental Disorders, as required by the World Health Organization (ICD-10).

The aid under Section 35a sGB VIII is aimed at children and adolescents and ends at the age of 18. Young adults who are mentally disabled or at risk of such a disability are therefore not entitled under Section 35a SGB VIII. For this group of people, assistance for young adults is eligible under SGB VIII or integration assistance for mentally handicapped persons (adults) in accordance with Section 53 SGB XII. This act of performance also integrates the (threatening) mental disability.

Young people who have reached the age of 15 can, as opposed to help with education, submit and pursue their own applications for benefits. However, the consent of persons entitled to care for persons with regard to the residence provision is required if assistance is granted outside the family.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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