Schutzbefohlene

Schutzbefohlene is a legal term in German law for a person who is placed under protective care or supervision by a public authority or court due to concerns about safety, welfare, or decision-making capacity. The concept is mainly used in child and youth welfare law (SGB VIII) but also appears in civil law in relation to guardianship arrangements (Vormundschaft, Pflegschaft). In practice, Schutzbefohlene are typically children or adolescents, though adults who cannot adequately protect themselves can also fall under protective measures.

A protective arrangement is usually initiated by the youth welfare office (Jugendamt) or a family court, when a person’s welfare requires protection. Depending on the case, the Schutzbefohlene may be placed in foster care, a group home, or another form of supervised living. A guardian or custodian undertakes the role of custodian (Vormund, Pfleger) with duties to provide care, education, medical treatment, and representation in legal matters.

Rights and duties: The Schutzbefohlene has the right to protection and, to the extent possible, to participate in decisions affecting their life and to be informed about the measures taken. The appointed custodian must act in the best interests of the Schutzbefohlene, regularly review the arrangements, and involve the person in processes where appropriate. Legal remedies and appeals are available under the applicable statutes (BGB, SGB VIII).

See also: guardianship (Vormundschaft), foster care, youth welfare law (SGB VIII), protective custody.