National Preventive Mechanism
As a result, they end up in the paradoxical situation of needing more time
for their development due to multiple problems, but getting less than others
of the same age. In other words, the child and youth welfare organisations
endanger the success that they themselves worked so hard and persistently
for together with the minors.
¾¾ The legal entitlement to assistance by young adults should be embedded
in legislation and case management should be improved.
Problems at the interface between institutions operated by child and youth
welfare authorities and care for persons with disabilities
Problems at the
interface
The commissions are also often confronted with problems occurring at the
interface between child and youth welfare organisations on one hand and
care facilities for persons with disabilities on the other. These problems
become manifest when minors, who are initially cared for in child and
youth welfare facilities, require a place that corresponds better to their
needs in institutions and facilities operated under the Equal Opportunities
Act (Chancengleichheitsgesetz) or the Act on Persons with Disabilities
(Behindertengesetz). Besides the difficulty of finding a place, in many cases
approval of funding is problematic and time-consuming. As a result, these
minors often remain in child and youth welfare facilities, where the situation
as far as care is concerned is no longer appropriate to their needs. This creates
extreme stress for these minors and the other residents, which can result in
unacceptable conditions in the facility.
On the other hand, there are difficulties at the interface between being under
care and ageing out of care when young adults reach the age of 21 but
have not yet completed their education/training. When a child and youth
welfare facility does not also have a permit under the Equal Opportunities
Act or the Act on Persons with Disabilities, it is not possible to retain the
young adults in this facility. The NPM is also aware of individual cases in
which a non-bureaucratic solution could be found. However, this is not a
satisfactory situation. A possibility for continued care beyond the age of
21 in exceptional cases should be enshrined in the law. This could prevent
young adults from dropping out of their training because they just cannot
make it without intensive support.
¾¾ Minors have to wait much too long for a place in a facility for persons
with disabilities.
¾¾ Continued care beyond the age of 21 in exceptional cases.
110
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