Care associations Recognition

After successful examination of all submitted documents, recognition is granted by the state support office. Recognition is revocable and can be granted subject to conditions. The state care office informs the responsible care courts and local care authorities about the recognition.

The state care office is entitled to request documents from the care associations in its area of responsibility in order to check that the conditions for recognition continue to be met.

State support office
at the Oldenburg Higher Regional Court
Richard-Wagner-Platz 1,
26135 Oldenburg

OLGOL-Landesbetreuungsstelle@justiz.niedersachsen.de

In Lower Saxony, the following additional requirements apply in addition to the provisions of Section 14 BtOG and Section 3 Nds:

- The persons to be cared for must have their habitual residence in Lower Saxony (§ 3 Para. 1 No. 2 Nds. AGBtR).

- An informal application for recognition as a guardianship association must be submitted. The application must be signed by the authorized representative(s) of the association.

- For the proper assessment of the application for recognition, the state care office obtains an opinion from the responsible local care office (independent city, district or region of Hanover). The focus here is on cross-sectional work and ensuring that it is carried out. For example, the current care situation and future plans are evaluated.

It is therefore recommended that the concept of the care association and its intended area of activity be agreed with the local care office(s) in a preliminary meeting before submitting the application. Good cooperation between care associations and local care offices is required for recognition.

An essential component is appropriate networking at local level. This includes professional and good cooperation (e.g. working groups/committees) both with the local care authority and with the other care associations.

Good cooperation between the guardianship association and the local guardianship authority is necessary because the authority has the right to propose the appointment of a suitable guardian, § 11 Para. 1 No. 2 BtOG. In addition, the authority shall immediately inform a recognized guardianship association at the place of residence of the volunteer guardian of the name and address of the volunteer guardian of whose appointment it has become aware in order to enable the association to make contact, Section 10 BtOG.

The following documents must be attached to the application:

1. articles of association

2. excerpt from the register of associations and, if applicable, powers of attorney: Only associations with legal capacity, i.e. "registered associations" within the meaning of §§ 21 ff. BGB (see § 14 BtOG). Recognition as a guardianship association is required by any association that has employees appointed as association guardians or wishes to take on guardianships itself as an association.

3. proof of insurance by submitting a copy of the insurance policy.

4. certificate of non-profit status from the tax office: The association must pursue charitable and non-profit purposes within the meaning of § 52 of the German Tax Code (in accordance with 14 BtOG in conjunction with § 3 para. 1 no. 6 Nds. AGBtR).

5. proof of the number, training and professional background or other qualifications of the full-time employees by submitting copies of the relevant certificates or documents and employment contracts: As a rule, it is considered sufficient if there are two full-time employees and they jointly hold at least one full-time position. The guardianship association must ensure that, in accordance with Section 1816 Para. 6 BGB, persons who are in a relationship of dependency or other close relationship with an institution, a home or other facilities in which a person receiving care is accommodated or resides are not commissioned to provide care via the guardianship association. Special requirements are placed on the person(s) responsible for the professional management of the care association and the supervision of the employees. A person is suitable for the tasks in accordance with §§ 15, 16 BtOG if they have a degree from a university of applied sciences, in particular in the field of social work/social pedagogy or a comparable qualification. The current directive on the granting of subsidies for the promotion of care associations, decree of the MJ of March 13, 2020 (Nds. MBl., p. 408) is decisive here.

6. description of the area of activity (district, independent city, local court district): The area in which the cross-sectional work is to be carried out must be geographically defined and coordinated with the locally responsible care office. Nationwide recognition is not granted. A subsequent change or expansion of the area of activity is possible with the involvement of the locally responsible support office.

7. proof of a control system for the performance of supervisory duties (see form on the homepage).

8. financing plan to demonstrate financial capacity: Due to its social responsibility, which is characterized by the need for a sustainable and lasting relationship between the persons being cared for and their individual caregivers, a care association may only be recognized if it proves in the application procedure and annually thereafter that its commitment is long-term and that it has the financial capacity to maintain the system of full-time and voluntary caregivers and employees in the long term and, in particular, to finance it (§ 3 para. 1 No. 3 Nds. AGBtR).

9. detailed concept for the activities as a care association with a description of the cross-sectional work and the planned further training opportunities for the full-time and voluntary employees. A possible annual update of the concept should already be taken into account here.

10. declaration of commitment to the following points:

The submission of an annual activity report, to be submitted by June 30 of each subsequent year. A standardized form is available on the homepage of the Landesbetreuungsstelle. For the first year after recognition, the state support office reserves the right to stipulate separate regulations for the first report in the recognition notice.

The obligation to recruit, introduce, train and advise volunteer caregivers as planned, to conclude agreements on support and assistance with volunteer caregivers, § 15 Para. 1 No. 4 BtOG, as well as to advise and support authorized representatives in the performance of their duties in accordance with § 15 Para. 1 Nos. 2 to 5 BtOG and to carry out regular exchanges of experience between the full-time and volunteer caregivers and employees of the caregiver association.

The scheduled provision of information on advance care directives and powers of attorney in accordance with § 15 Para. 1 No. 1 BtOG.

The adjustment of insurance cover.

The obligation to inform the state guardianship office in the event of staff changes, changes to the articles of association, changes to the board of directors or other developments that require entries in the register of associations.

The granting of an insight into the overall budget and the cash situation by the state support office.

The processing time depends on the receipt of the comments and all documents and can therefore not be given in general terms.

• § Section 14 of the Care Organization Act (BtOG)
• § Section 3 of the Lower Saxony Implementation Act on Guardianship Law (Nds. AGBtR)

An action may be brought against the notice of recognition or rejection within one month of its notification before the competent administrative court in writing or for the record of the clerk of this court.

• Oldenburg Higher Regional Court - State Care Office

Lower Saxony Ministry of Justice

23.10.2023

The text was automatically translated based on the German content.