Kinder- und Jugendhilfe/ Sozialhilfe: Schiedsstellen
Inhalt
Begriffe im Kontext
- Außergerichtliche Verfahren und Streitschlichtung (1150100)
- Existenzsicherung und staatliche Unterstützung (1140100)
Fachlich freigegeben am
Fachlich freigegeben durch
For social assistance:
- § 80 Twelfth Book of the Social Code (SGB XII).
- Thuringian regulation on the arbitration board according to § 80 SGB XII (ThürSchiedsVO-SGB XII)
For child and youth welfare:
- § Section 78g Eighth Book of the Social Code (SGB VIII).
- Thuringian regulation on the arbitration board according to § 78g SGB VIII (ThürSchiedsVO-SGB VIII)
The parties can turn to the relevant arbitration board for clarification of disputed facts in the remuneration agreements for social welfare facilities and child and youth welfare facilities.
In each Land, an arbitration board is set up at the competent Land authority in accordance with SGB XII and SGB VIII. The arbitration board can be called upon by the negotiating parties to clarify disputed issues in the remuneration agreements for social welfare facilities and child and youth welfare facilities. The arbitration board proceedings are intended to facilitate a speedy resolution of conflicts.
The arbitration boards have the task of deciding on cases of dispute and conflict with regard to
- Content, scope and quality of the service offerings (service agreement),
- differentiated fees for the services offered and the investments required for operation (fee agreements), and
- principles and benchmarks for assessing the quality of the service offerings and on appropriate measures to ensure it (quality development agreement)
to make a decision without delay at the request of one of the parties. This decision may be appealed to the courts.
A written request from a party is required for the opening of arbitration proceedings. The application must be submitted informally to the office of the Arbitration Board. Application forms are not available for this purpose. The documents on which the negotiations on the disputed point were based shall be attached to the application.
The amount of the fees and their distribution among the parties shall be determined by the Chairman of the Arbitration Board according to the economic importance of the matter and the expenses of the Arbitration Board including the office with an amount between 250.00 Euro and 2500.00 Euro.
If an agreement pursuant to Section 76 (2) SGB XII is not reached within 6 weeks, the application to the arbitration board should be submitted without delay, since arbitration board decisions pursuant to Section 77 (2) SGB XII take effect on the date specified therein or, if applicable, on the date on which the application is received.
- The parties can turn to the corresponding arbitration board for clarification of disputed facts in the remuneration agreements for social welfare facilities and child and youth welfare facilities.
- The offices for these arbitration boards are set up at the Thuringian State Administration Office, Department VII.
- A written application from a party is required for the opening of arbitration proceedings. The application is to be submitted informally to the office of the arbitration board.
The offices for these arbitration boards are established in the Thuringian State Administration Office, Department VII.