National Preventive Mechanism
Expansion of assistance for young adults necessary
During their visits to facilities, the commissions are regularly informed about
problems that arise when the young adults under care reach their majority.
Under the Children’s and Youth Service Act 2013 and the implementation
laws of the Laender, once majority has been reached, there is no legal
entitlement to assistance from child and youth welfare organisations. In
the consultation process with the Laender, clear framework conditions in
the Federal Fundamental Act on Youth Welfare (Bundesgrundsatzgesetz zur
öffentlichen Jugendwohlfahrt) for the extension of assistance for those over
18 fell victim to budget cuts. All that remained was an authorisation to make
discretionary decisions that enable assistance until the age of 21.
Entitlement to
assistance ends at age
of 18
In the individual Laender laws, the requirements for granting assistance
to young adults differ. Experience and statistical assessments regarding
the number of cases where such assistance was applied for and granted or
refused are not yet available, especially as the implementation laws have
not been in force for long.
During visits by the commissions, the heads of the facilities have repeatedly
complained about major problems with the competent authorities regarding
obtaining financing for continued care. There are many examples of such
cases. The case of a 17-year-old woman from Upper Austria should be
particularly highlighted. She had been motivated to attend a three-year school
for tourism. With the help of her primary carer, she managed to successfully
complete the first two years. Subsequently, the District Authority did not want
to continue paying for her housing and care in a group home and argued
that due to her good performance in school, no further permanent assistance
was needed. It was not recognised for a long time that this development
was only possible because she had the support of the facility. It took tough
negotiations and the persistent advocacy by her primary carer to achieve
that her costs were assumed and she could remain in the facility until she
completed the training.
Clear framework
conditions a victim of
budget cuts
During the visit at a facility, Commission 1 spoke with a young mother who
had lived there for several years and had turned 21 in February 2014. Several
weeks later, the prospect of a council flat was held out to her. The facility
itself funded the additional accommodation to bridge the waiting period, as
other assistance would not have begun on time. They felt they were forced
to do this in order to not risk the assistance already provided by putting the
young woman and her child out on the street.
In Austria, around 70 percent of all 21-year-olds still live at home. Responsible
parents do not throw them out on their 18th birthday. However, if young
people who are placed in out-of-home care do not have as much support from
the pedagogic staff, they lose the opportunity to become adults gradually,
complete their education and then be able to stand on their own two feet.
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