Section 35a SGB VIII Integration assistance for mentally handicapped children and adolescents
(1) Children or adolescents are entitled to integration assistance if their mental health is more than likely to deviate from the condition typical of their age for more than six months and their participation in life in society is therefore impaired or such an impairment is to be expected.
For the purposes of this book, children or adolescents are at risk of a mental handicap if, according to technical knowledge, their participation in life in society is highly likely to be impaired. Section 27 (4) applies accordingly.
(1a) With regard to the deviation of mental health according to paragraph 1 sentence 1 number 1, the provider of public youth welfare has the opinion
1. a doctor for child and adolescent psychiatry and psychotherapy,
2. a child and adolescent psychotherapist or
3. Obtain a doctor or a psychological psychotherapist who has special experience in the field of mental disorders in children and adolescents.
The statement is to be drawn up on the basis of the International Classification of Diseases in the German version published by the German Institute for Medical Documentation and Information. It must also be shown whether the deviation has disease value or is due to an illness. Aid should not be provided by the person or service or agency to which the person submitting the opinion belongs.
(2) The help will be as needed in individual cases
1. in outpatient form,
2. in day care facilities for children or in other semi-stationary facilities,
3. by suitable caregivers and
4. in facilities during the day and night as well as other forms of living.
(3) The task and aim of the aid, the determination of the group of people and the type of services are based on Section 53 (3) and (4) sentence 1, Sections 54, 56 and 57 of the Twelfth Book, insofar as these provisions are also mentally handicapped or people at risk of such disability.
(4) If support for education is to be provided at the same time, facilities, services and persons should be used who are capable of fulfilling the tasks of integration assistance as well as covering the educational needs. If curative education measures for children who are not yet of school age are to be granted in day care facilities for children and if the need for help permits, facilities should be used in which disabled and non-disabled children are cared for together.
Sandra Schröter (team leader)
Phone: 0341 – 492 720 15
Fax: 0341 - 492 720 17