title: [Placement of children and adolescents following seclusion and restraint actions–a study on family-court approvals of minors in youth welfare, child and adolescent psychiatry and jail according to Para. 1631 German Civil Code].
abstract: According to German law (Para. 1631b German Civil Code), the placement of children and adolescents following seclusion and restraint actions must be approved by a family court. We analyzed the family court data of a court district in Berlin (Tempelhof-Kreuzberg) concerning cases of “placement of minors” between 2008 and 2011. A total of 474 such procedures were discovered. After data clearing and correction of cases (e. g., because of emergency interventions of the youth welfare system taking children into custody according to Para. 42, German Civil Code VIII), 376 cases remained. Of these 376 procedures in the years 2008 to 2011, 127 cases concerned children and adolescents according to Para. 1631b German Civil Code, and 249 procedures were settled either by dismissal, withdrawal or by repealing the initial decision to place the child with restrain or seclusion by means of an interim order or by filing an appeal against the final decision. Of the 127 procedures, 68 concerned girls, who were on average slightly younger than boys (14.5 years vs. 15.1 years). In two thirds of the procedures, the children and adolescents were German citizens. The majority of youths involved were living at home at the time of the procedure, but in 15 % of the case the youths were homeless. Most of the adolescents were treated with restraint in child and adolescent psychiatry. The most frequently quoted reasons for seclusion were substance abuse, suicide risk and running away from home/being homeless.
authors: 1 Klinik für Kinder- und Jugendpsychiatrie/Psychotherapie, Universitätsklinikum Ulm.|2 Kliniken für Kinder- und Jugendpsychiatrie, Psychotherapie und Psychosomatik, Vivantes Netzwerk für Gesundheit Berlin GmbH.
authors: Michael
authors: M
authors: Kölch
authors: 3 Weiterer aufsichtsführender Richter am Amtsgericht Tempelhof-Kreuzberg a. D., Berlin.
authors: Harald
authors: H
authors: Vogel
mesh_terms: D000293:Adolescent; D000553:Ambulatory Care / Q000331:legislation & jurisprudence; D002648:Child; D002669:Child Welfare / Q000331:legislation & jurisprudence*; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence; D005260:Female; D005858:Germany; D018453:Homeless Youth / Q000331:legislation & jurisprudence; D006801:Humans; D033222:Judicial Role; D008297:Male; D001523:Mental Disorders / Q000628:therapy*; D010356:Patient Isolation / Q000331:legislation & jurisprudence*; D011329:Prisoners / Q000331:legislation & jurisprudence*; D012149:Restraint, Physical / Q000331:legislation & jurisprudence*; D012189:Retrospective Studies; D019966:Substance-Related Disorders / Q000628:therapy*
keywords: Para. 1631b German Civil Code; child and adolescent psychiatry; court decision; justice; reasons for seclusion; seclusion and restraint of minors