Daycare Legal Entitlement: Claim vs. Reality

Childcare Places

When parents decide to have their child cared for in a daycare center, many report similar experiences: The search turns out to be a bumpy affair – and sometimes ends in a frustrating result. For example, when there's simply no available daycare spot.

For parents, this can be a reason for despair. Because usually, the parental allowance ends after 12 months. Many families rely on two incomes. If the child cannot be cared for by others, the job or the second income also falls away.

Nationwide Legal Entitlement to a Nursery Place

Since August 1, 2013, there has been a nationwide legal entitlement to a kindergarten place in Germany. This entitlement is legally enshrined in § 24 of the SGB VIII and was established, among other reasons, to enable women to quickly re-enter professional life. At first glance, this legal entitlement sounds like security. But what happens if a free place cannot be found? Rejections pour in. And even local authorities often inform searching parents that, in particular, the nursery sections are fully booked.
 

There is a legal entitlement to a daycare place, but there is still no guarantee that your child can actually be cared for.
 

This message can be devastating. Especially when the need becomes existential. Not only financially, but sometimes also because parents long for support and relief.

We recommend: Stay brave! There are other options that present a good compromise for many parents.
 

In 2006, the daycare centers in Germany had only 253,884 children under the age of three to care for. By March 2017, this number had already risen to 645,077 children.

 What can you do if you can't find a place?

• Expand your radius: If you can't find a daycare nearby with available space, change your perspective. How about daycares near your workplace? Can other compromises be made regarding the location? And if the search is still in vain, consider private daycares. If no public daycare place can be found, private daycare is subsidized by the state.
• Consider care by a childminder. Since you are legally entitled to a daycare place, you may be able to claim damages in some cases for more expensive forms of care.
• Seek private family support that provides at least half-day or hourly assistance. These costs might also be claimed as damages.
• If you cannot take up work due to the childcare situation, there is the possibility to sue the responsible municipality or city and claim your official liability for damages. The conditions: The verifiable rejections from daycare centers in combination with a job offer refusal.
• Stay on the ball: Check regularly with daycare centers to see if a spot has become available—for example, because older children have left the daycare or others have moved. You might get lucky.
• Connect with others: If possible, speak openly with your parents about the situation and ask for help. Grandparents often gratefully take on the task of caregiving. If these helpful parents are not around, neighbors might be able to assist.

   

The legally permitted search radius is larger than parents might like: by law, the travel time to your child's care facility can be up to 25 minutes.

Our tips for a successful daycare place search

• Make an effort to secure a daycare spot early. It's best to reach out to nearby kindergartens during the last third of your pregnancy. Many daycare centers organize spot allocations or waiting list spots during specific periods. If you are asked to get in touch again, for example in January or August, make a precise note of it—and aim to meet this deadline sooner rather than later.
• If a personal meeting appointment has been arranged or there is an invitation to the "Open House Day," make sure to create a positive first impression to increase your chances. In parent initiatives, indicate your commitment. If you have received a registration form to take home, don't necessarily wait until the deadline to submit it. A prompt return signals your determination.
• Make sure to pay attention to deadlines and dates. A childcare entitlement must be submitted to the responsible authority well in advance. Often as early as six months before the planned daycare entry. The rule here is: the earlier you take care of it, the better. Because then you are not only on the safe side, but you can also react if applications do not go through smoothly.

An open ear and exchanging with others affected can work wonders: Feel free to turn to family support and counseling centers.

famPLUS - Together for your personal PLUS!