press release. 21.10.2004 - Federal Court (BGH) No 120/2004
Federal Court to liability of the youth department at abuse of foster children by foster parents
including the legal liability for the office responsible III. Civil Division of the Federal Supreme Court in a compensation process of a foster child against a Baden-Württemberg District (youth office) because during the stay in a foster family suffered ill-treatment by the lower courts (District Court and Court of Appeal of Stuttgart) outspoken condemnation of the defendant for payment of damages (25 000 €) and a finding of liability on account of all material and confirmed future intangible damages to the plaintiff.
Beck News: Supreme Court: Youth Welfare Office has compensation for ill treatment of child care by foster parents pay
mishandling foster parents, her protege, then the Office for Youth on damages to be claimed, if the authority is in breach of supervisory and control duties. Here are the mistreated burden of proof regarding benefit of such breaches of causality. This is from a ruling by the Federal Court out of 21.10.2004, which ascribes to a now 15-year EUR 25,000 for pain and suffering (Az: III ZR 254/03).
violated duty of monitoring
After the verdict, the Baden-Wuerttemberg Rems-Murr-Kreis as the support of the defendant Youth Office to the applicant all the material and immaterial damages resulting from the abuse substitute its foster parents. Led to the creation of the judges, have the youth office its duty under § 37 Paragraph 3, sentence 1 SGB VIII to a "courtesy call" injured in the foster family, as they had moved from Bavaria to Baden-Württemberg. The mission was due to remain under the jurisdiction of courts. ........
The verdict of the lower court: OLG Stuttgart, official misconduct of youth services institution with mistreatment of the foster child, NJW 2003, 3419
discussion of the lower courts of that judgment: Meysen, death in the foster family: violation of inspection requirements in the youth ministry? NJW 2003, 3369
Bringewat, municipal youth welfare and criminal liability guarantee, NJW 1998, 944
The decision is now available as full text (pdf file, 70 kB).
http://books.google.at/books?id=17RvHWqhlfMC&pg=PA358&lpg=PA358&dq=Verurteilung+Jugendamt+Schadenersatz&source=bl&ots=l3b1DchyEw&sig=IHv8C_RHPl9P-U6_voY7VmOU4f0&hl=de&ei=7qdwTaLCNJHbsgburs2gCw&sa=X&oi=book_result&ct=result&resnum=7&ved=0CC4Q6AEwBg # v = onepage & q & f = false
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