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Recognition of care associations


A registered association can be recognised as a care association.

The requirements for recognition as a care association result from § 14 of the Care Organisation Act (BtOG) in conjunction with § 3 of the Lower Saxony Implementation Act on Care Law (Nds. AGBtR).

The association can be recognised as a care association if it ensures that it provides information on general care law issues, powers of attorney, care law issues, care and living wills, among other things, as well as that it strives to recruit volunteer caregivers, introduces them to their tasks, trains them and advises them.

In addition, the association has to employ a sufficient number of employees, supervise them, train them, enable an exchange of experiences between them and insure them against damages.

The details can be found in §§ 15, 16 BtOG and § 3 Nds. AGBtR.

Recognition as a care association is one of the prerequisites for claiming a possible state grant.

Pursuant to § 1 para. 2 no. 2 Nds. AGBtR, the state care centre at the Higher Regional Court of Oldenburg is responsible for the recognition of care associations with their registered office and predominant area of activity in Lower Saxony.

Process flow

After successful examination of all documents submitted, recognition will be granted by the State Support Office. Recognition is revocable and can be granted subject to conditions. The State Care Centre informs the competent guardianship courts and local care authorities about the recognition.

The State Care Centre is entitled to request documents from the care associations in its area of responsibility in order to check that the recognition requirements continue to exist.

Who should I contact?

State Care Centre
at the Higher Regional Court of Oldenburg
Richard-Wagner-Platz 1,
26135 Oldenburg

OLGOL-Landesbetreuungsstelle@justiz.niedersachsen.de

Requirements

In Lower Saxony, the following further requirements apply in addition to the provisions of § 14 BtOG and 3 Nds. AGBtR:

- 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 care 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 Centre obtains an opinion from the responsible local care centre (independent city, district or region of Hanover). The focus here is on cross-sectional work and ensuring it. For example, the current supply situation and future plans are evaluated.

It is therefore recommended to coordinate the concept of the care association and its intended area of activity with the local care center(s) in a preliminary discussion before submitting the application. For recognition, good cooperation between care associations and local care centers is required.

An essential component is appropriate networking at the 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 care association and the local care authority is necessary because the authority has the right to propose the appointment of a suitable caregiver, § 11 para. 1 no. 2 BtOG. In addition, the authority immediately communicates the name and address of the volunteer caregivers of whose appointment it has become aware to a caregiver association recognized at the place of residence of the volunteer caregiver in order to enable the association to contact them, § 10 BtOG.

Which documents are required?

The application must be accompanied by the following documents:

1. Association Statutes

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 et seq. of the German Civil Code (BGB), are eligible for recognition as a care association (cf. § 14 BtOG). Recognition as a care association is required by every association that has employees appointed as association supervisors or wants to take over care itself as an association.

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

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

5. Proof of the number, training and career path or other qualifications of the full-time employees by submitting copies of the corresponding certificates or certificates and employment contracts: As a rule, it is considered sufficient if two full-time employees work and they jointly hold at least one full-time position. The care association must ensure that, according to § 1816.6 of the Civil Code, persons who are in a relationship of dependency or in another close relationship with an institution, a home or other facilities in which a person being cared for is accommodated or lives are not commissioned to provide care through the care association. Special requirements are placed on the person(s) who are responsible for the technical management of the care association and the supervision of the employees. A person is suitable for the tasks according to §§ 15, 16 BtOG if he or she has a degree from a university of applied sciences, in particular in the field of social work/social pedagogy or a comparable qualification. The current guideline on the granting of grants for the promotion of care associations, Erl. d. MJ of 13 March 2020 (Nds. MBl., p. 408).

6. Presentation of the area of activity (district, independent city, district court): The area in which the cross-sectional work is to be carried out must be spatially delimited and coordinated with the locally responsible care centre. Nationwide recognition is not granted. A later change or extension of the area of activity is possible with the participation of the locally responsible care centre.

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

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

9. Detailed concept of the activity 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 is already to be taken into account.

10. Declaration of commitment on the following points:

The submission of an annual activity report, to be submitted by 30/06 of each subsequent year. A standardised form is available on the homepage of the state support centre. For the first year after recognition, the State Support Centre reserves the right to lay down separate regulations for the first report in the recognition notice.

The obligation to recruit, introduce, train and advise volunteer caregivers in a planned manner, to conclude agreements on accompaniment and support with volunteer caregivers, § 15 para. 1 no. 4 BtOG, as well as to advise and support authorised representatives in the performance of their duties in accordance with § 15 para. 1 nos. 2 to 5 BtOG as well as to carry out regular exchanges of experience between the full-time and volunteer supervisors. caregivers and employees of the care association.

The scheduled information about care directives and powers of attorney pursuant to § 15 para. 1 no. 1 BtOG.

The adjustment of insurance coverage.

The obligation to inform the state support office in the event of personnel changes, changes in the statutes, changes in 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.

Processing duration

The processing time depends on the receipt of the comments and all documents and can therefore not be given as a general rule.

Appeal

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

Technically approved by

Lower Saxony Ministry of Justice

Professionally released on

23.10.2023

Author

The text was automatically translated based on the German content.

competent Bodies


Oberlandesgericht Oldenburg
Address: Richard-Wagner-Platz 1 1, 26135 Oldenburg (Oldenburg)
Timetable
Telephone: 0441 220-0

Data protection information


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

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