The City of Munich or its competent district office (hereinafter only the City of Munich) is in accordance with Art. SECTION 24 SGB VIII obliged to provide a crèche place/kindergarten place. This claim for care is enforceable in court, even in urgent proceedings.
The details by key points:
Institution owner
- Provision of a place in an urban/municipal institution or
- Provision of a place in a private facility
Distance between place of residence and day care center
As a rule, the claim should be met at the nearest vacant childcare place.
The distance between home and day care center must be reasonable for the child himself. In addition, the time required for the bringing parent must be taken into account.
Specifically, unless there are special circumstances, the childcare center must be accessible by public transport within 30 minutes. According to VG Munich, the travel time calculated by “Googlemaps” should be decisive.
Special circumstances in which a place is unreasonable even though it can be reached in 30 minutes could be that the childcare place for the bringing parent is opposite his way to work.
Fees
There is no entitlement to a childcare place with a municipal fee framework.
According to recent case law of the BVerwG, when arranging a childcare place, it is also not necessary to check whether the participation fee to be paid there can be expected from the parents and the child.
Establishment standards
The care facility must meet legal standards (personnel code, room size, open space, etc.) and support the child in accordance with Bavarian education plan afford.
