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Supervision Associations Recognition


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 Childcare Law (Nds. AGBtR).

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

In addition, the association has to employ a sufficient number of employees, to supervise them, to train them, to enable an exchange of experience between them and to 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 any state funding.

Responsible for the recognition of care associations with their registered office and predominant area of activity in Lower Saxony is the State Care Office at the Higher Regional Court of Oldenburg in accordance with § 1 para. 2 No. 2 Nds. AGBtR.

Process flow

After successful verification of all documents submitted, recognition will be granted by the State Support Office. The recognition is revocable and can be granted under certain conditions. The State Guardianship Office informs the competent guardianship courts and local care authorities about the recognition.

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

Who should I contact?

State Support Office
at the Higher Regional Court of Oldenburg
Richard-Wagner-Platz 1,
26135 Oldenburg

OLGOL-Landesbetreuungsstelle@justiz.niedersachsen.de

Requirements

In Lower Saxony, the following additional 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 Childcare Centre obtains a statement from the responsible local care centre (district-free 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 that the concept of the childcare association and its intended area of activity be coordinated with the local childcare centre(s) in a preliminary discussion before submitting an application. Good cooperation between care associations and local care centres is required for recognition.

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 shall immediately inform a care association recognised at the place of residence of the volunteer supervisor of the name and address of the volunteer supervisor of whose appointment it has become aware 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. Statutes of the 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 et seq. 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 club supervisors or wants to take over care itself as an association.

3. Proof of insurance by providing 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 Tax 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 relevant certificates, certificates and employment contracts: As a rule, it is considered sufficient if two full-time employees work and together they 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 institutions in which a person in care is accommodated or lives are not commissioned with care via the care association. Special requirements are placed on the person(s) who is responsible for the professional 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 Directive 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 district): 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 for the presentation of economic capacity: Due to its social responsibility, which is characterised 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 recognised if it proves in the application procedure and annually thereafter that its commitment is intended to be permanent and that it has the economic capacity, to maintain the system of full-time and volunteer caregivers and employees on a permanent basis 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 as well as the planned further training opportunities for the full-time and volunteer 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 Office. For the first year after recognition, the State Support Office reserves the right to stipulate separate regulations for the first report in the notification of recognition.

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 pursuant to § 15 para. 1 nos. 2 to 5 BtOG as well as the implementation of regular exchanges of experience between the full-time and volunteer Caregivers and employees of the care association.

The scheduled information on care directives and health care proxies in accordance with § 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 to the statutes, changes to the Board of Directors or other developments that require entries in the register of associations.

The provision of an insight into the overall budget and the cash situation by the state care office.

Processing duration

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

Appeal

An action against the decision of recognition or rejection may be brought before the competent administrative court within one month of its notification, either 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.

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