Evangelical Kindergarten St. Michael - Martin-Luther-Weg 3 - 97762 Hammelburg *** Tel.
09732-2385*** kita.hammelburg@elkb.de
Legal basis
Bavarian Child Education and Care Act (BayKiBig) with Implementing Ordinance (AVBayKiBiG)
"In the implementing ordinance for the Bavarian Children's Education
and -Betreuungsgesetz (AVBAyKiBiG) the binding educational and upbringing goals for all state-funded day-care centers are laid down. In the Bavarian Education and Training Plan, these educational and training goals as well as the key processes for the quality of education and training are presented in detail. The pedagogical work in state-funded Bavarian day-care centers is based on them.”
§8a SGB VIII and § 1.3, SGB VIII - protection order in case of child endangerment
Paragraphs § 8a SGB VIII and § 1.3 SGB VIII define the best interests of the child and measures to be taken in the event of a threat.
In paragraph (4) the law describes "In agreements with the providers of facilities and services that provide services according to this book, it must be ensured that their specialists carry out a risk assessment if they become aware of important indications that a child or young person they are caring for is at risk, an experienced specialist for the risk assessment
is called in for advice and the legal guardians and the child or young person are included in the risk assessment, insofar as this does not call into question the effective protection of the child or young person.
The statements above make clear statements about the fact that pedagogical specialists of day-care centers have to comply with this protection order.
If there is a suspicion of child endangerment, we proceed as follows:
Educators inform the management about observations of the child that could be related to a child endangerment. The next steps will be discussed together.
Parents are informed about observations in conversation, measures are considered together.
Parents become more specialized in the use of support
Advice, for example, from advice centers. Discussions are documented in writing and measures are recorded
and controlled.
Irrespective of this, the day-care center (educator, management) makes use of advice from specialists. In this case, the KOKI (Early Aid) in Bad Kissingen is primarily responsible for our facility.
Depending on the risk assessment by the specialists and the management of the day-care center, a written risk assessment must be carried out by the management. The youth welfare office of the city of Bad Kissingen receives this.
Art. 9a - Child protection - BayKiBiG
The statements in the BayKiBiG on child protection represent a further legal basis for the behavior of educational staff and day-care center management in the event of a child’s welfare being endangered.
The legal excerpt of Art. 9a child protection reads:
(1) The sponsors of the institutions funded under this Act must ensure that
1. whose specialists carry out a risk assessment if they become aware of important indications that a child or young person in their care is at risk,
2. a specialist experienced in this respect is consulted in the risk assessment,
3. the parents and the child or young person in the
Risk assessment may be included, provided this does not call into question the effective protection of the child or young person.
In particular, the providers must ensure that the professionals work towards the parents taking advantage of help if they deem it necessary, and inform the youth welfare office if the danger cannot be averted in any other way.
(2) When registering to attend a day-care center or admitting a child to day care, the parents must submit confirmation of the child's participation in the last due age-appropriate early detection examination. The non-submission of a confirmation is not detrimental to the funding under this law. The provider is obliged to record in writing whether the parents have submitted such proof.
The Bavarian Education and Training Plan (BEP)
In 2005, the education and training plan developed by the State Institute for Early Education was introduced in all preschool institutions in Bavaria.
The image of the child in the BEP considers "the competent child as a co-designer of its education and development". The competence-oriented view of the child enables an individual, positive, appreciative approach. The child actively participates in its education and development right from the start. It is designed for self-determination and self-reliance. As an inquiring being
explores the world both on its own and with the support of adult caregivers and acquires more and more knowledge.
It is capable of taking developmentally appropriate responsibility for its education and upbringing. In personality, it differs from other children. Every child has the right to the best possible education right from the start.
The image of the child in the first three years of life, on which the BEP is based, assumes an active and competent child from the start. According to this, children are already equipped with basic skills and a rich learning and development potential from birth. Maturation and growth processes are not only of a physical and mental nature. From the very beginning there is a lively exchange between the infant and the environment. The prerequisite for this is the satisfaction of physical as well as psychological basic needs. Children are very vulnerable in the first three years of life and depend on the loving, constant care and attention of trusted caregivers.
Bavarian educational guidelines (BayBl)
The State Ministry for Early Education (IFP) and the State Institute for School Quality and Educational Research (ISB) developed joint guidelines for educational work in day care centers in order to be able to better coordinate the content of the Bavarian educational plan and the primary school curriculum. The present educational guidelines are a “binding orientation and reference framework for day-care centers according to the BayKiBiG (creches, kindergartens, after-school care centers, houses for children and integrative day-care centers) as well as primary and special schools. In addition, the guidelines are aimed at child day care, remedial day-care centers, school preparatory institutions and other educational institutions, such as e.g. B. Facilities for children and youth work, music and art schools, professional cultural institutions and specialist services.
