Private child and youth welfare facilities and social and educational institutions – authorisation See explanation of the designation of:

Child and youth welfare social services are services providing assistance to meet similar needs for expectant parents, minors and their parents and other caregivers, as well as for young adults, and which can be used by these persons. Social and educational facilities or social and educational and social therapy facilities are facilities that are intended to take in minors within the framework of educational assistance, have appropriately trained staff and are suitable for caring for minors as in-patients or out-patients.

The aim of the services provided by child and youth welfare services is to ensure and further the development of minors and young adults within the framework of education that allows them to grow into independent people while respecting their individuality.

• Proper care must be provided that is in the best interests of the child.
• The equipment and conditions of the premises must comply with legal requirements.
• Economic security and financial viability.
• Personal and professional qualifications of the specialist staff.

The operation of child and youth welfare facilities whose providers have a branch office in Tyrol is only permitted with authorisation from the provincial government. Submission deadlines will be discussed individually with the respective applicants.

Processing time

The processing time can vary, as this depends on the documents submitted and the social and educational approach.

Private child and youth welfare facilities and social and educational facilities may only be operated with authorisation from the provincial government. The authorisation will be granted by a written decision at the request of the person/body responsible for the facility if:

I.             an approach is submitted which is prepared in accordance with generally accepted academic findings;

II.           a sufficient number of personally suitable and professionally qualified persons are available for the tasks to be performed;

III.          in the case of residential care for minors and young adults, the premises designated for this purpose are suitable;

IV.          suitable economic conditions are provided for the care of minors and young adults in accordance with child and youth welfare work.

The application and all documents submitted will be examined by the Child and Youth Welfare Department from a legal, economic and professional point of view and discussed with the applicants.

An application for authorisation to operate a facility must be accompanied by all documents required to assess the admissibility of the facility according to the provisions of the Tyrol Child and Youth Welfare Act (Tiroler Kinder-und Jugendhilfegesetz) and this regulation. This must contain:

a) the legal form of the person/body responsible for the facility;

b) a description of the property in terms of location and dimensions as well as the rooms;

c) details of the ownership of the property;

d) the social and educational approach;

e) the services offered in accordance with Section 5 of this regulation;

f) the staff policy, including information on the personal and professional suitability of the staff to be employed;

g) criminal record certificates that are no more than 3 months old in accordance with Section 10(1) and (1a) of the Criminal Records Law (Strafregistergesetz) 1968 or equivalent proof from the country of origin of the institution's staff; and

h) the financing plan for a financial year pursuant to Section 8 of this regulation.

Type and format of evidence to be provided:

The documents (copies) can be submitted electronically. Further information on the validity of applications can be found here: Bekanntmachungen zum rechtswirksamen Einbringen und dessen technischen Voraussetzungen (Notices on making valid submissions and the technical requirements therefor)

Administrative charges; fees in accordance with the Fees Act (Gebührengesetz)

• Tyrolean state government, Abteilung Inklusion und Kinder- und Jugendhilfe

The application does not have to be signed electronically – using a mobile phone signature (Handy-Signatur) or E-ID – or by hand. 

• Tyrol Child and Youth Welfare Act (Tiroler Kinder- und Jugendhilfegesetz (TKJHG) – LGBl. Nr. 150/2013 i.d.g.F.), Provincial Law Gazette (LGBl.) No 150/2013 as amended.

• Regulation on the Requirements for the Operation of Private Child and Youth Welfare Facilities of 2 March 2021 (Verordnung über die Voraussetzungen für den Betrieb privater Kinder- und Jugendhilfeeinrichtungen vom 02. März 2021 – LGBl. Nr. 41/2021) – LGBl. No 41/2021

• Regulation on the Requirements for the Operation of Social and Educational Facilities (Verordnung über die Voraussetzungen für den Betrieb von sozialpädagogischen Einrichtungen)

Appeals against the decision notice may be lodged before the Regional Administrative Court. The appeal must specify the contested decision and the authority that issued it. It must contain a request and set out the grounds on which the allegation of illegality is based. The appeal must be submitted in writing to the authority that issued the decision within 4 weeks of notification of this decision, and must contain information that makes it possible to assess its timeliness. The authority may issue a preliminary appeal decision. The appeal may be filed electronically: Beschwerde im Verwaltungsverfahren (Appeals in administrative proceedings).

If the administrative authority fails to make a decision within 6 months, you have the option of filing a complaint before the Regional Administrative Court regarding the delay. This must be filed with the defaulting authority. The complaint must specify that authority, set out a specific request and demonstrate that the authority’s time limit for making a decision has expired.