Administrative Court Ansbach: AC Ansbach refused the complaint of the county Donau-Ries as the supplementary guardian of a child of the Twelve Tribes community against the county Ansbach
The 6. chamber of the administrative court Ansbach under the leadership of the president judge Deininger at the administrative court refused the complaint in a cost reimbursement dispute between the county Donau-Ries and the county Ansbach.
The county Donau-Ries was ordered by a court ruling in Sept.1,2015 as a temporary supplementary guardian for a – now 11 year-old child – from the Twelve Tribes community. The complainant asked for help in form of full time foster care from the county Ansbach and brought this child in the knowledge of county Ansbach to a foster family in Ansbach on Nov.9,2013. Just a few days later by order of the supplementary guardian through the district office Donau-Ries the child was picked up from the foster family and brought to a children and youth home. On the same day the complainant informed the district office Ansbach about the move of the child from the foster family to the youth welfare institution and applied for cost transfer.
The involved parties now disputed, who would bear the costs of the accommodation of the child in the children and youth welfare facility.
The court rejected the complaint. Regardless of the question, which youth welfare office was responsible for the help in the case of the concerned child based on the constant change of residence of the family, the complaint was not successful because the removal from the foster family to a stationary institution for youth welfare was not in accordance with the legal requirements. Even though the child expressed the desire to be taken out out the foster family again or diverse discrepancies, there was no sign of child endangerment that would have made a rash interference of the complainant without involving the youth welfare office Ansbach necessary. There was no urgency to for the removal and the complainant didn’t observe the rules for changing the assistance. The costs for this self-obtained measure does not need to be taken on by the defended county Ansbach.
Administrative Court Ansbach, press release, June11, 2015
For the Well-Being of the Child — does this have to be?
We believe that, the German citizens should know, what their tax money is used for. That’s why we want to illuminate the backgrounds of this conflict of costs between the two youth well fare offices – with the question:
For the well being of the child – does this have to be?
…at the medical examination what we already know is determined. Our daughter, Merea, has good health – physically and mentally. There are no signs of abuse. She was not neglected. From the beginning until now she has not stopped to express her desire, to be allowed to go home. Nevertheless: The girl stays in custody; the contact to the parents is prevented.
After two weeks she suddenly arrives at home at 7 o’clock in the evening – she ran away from the foster family. The youth welfare office insists that we would hand her over immediately, with threats of violence. This is the second time she is taken out of her bed under police supervision and brought back to the foster parents, crying. Everything “for the well being” of the child and in the name of non-violent education.
In October our daughter is heard at the District Court. She can hardly wait to express her view point of things and puts her hopes in the court hearing. Right in the beginning the judge asks her: “Is there anything you want to tell me right away?”
The Answer: “That I want to go back to my parents. If I can’t go back to my parents right now, then maybe to my grandmother in Switzerland.”
After the hearing she is disappointed, she feels interrogated. What is going on here? It is a long time and the girl is losing courage.
After her first failed escape to her parents, she put it in her mind to flee to Switzerland. There she has various relatives.
Arriving at her grandmother, the Swiss girl slowly recovers from the traumatic experiences. We arranged a meeting with the Swiss child protection office. Even though I would have rather talked to them still on Friday, they confirmed me that there is no hurry. So we agreed upon Monday. We are happy a clearing to our situation is in sight. Also our lawyer confirmed, that at this point we don’t need to fear a police action and that according to the Swiss constitution no Swiss citizens is allowed be handed over.
What happened now is connected to greatest pain and horror, for me and my family.
On Friday morning, November 8, 2013 we leave our beloved daughter with her grandmother, while we went to look at several apartments. Together with her grandmother they want to bake bread and cake. We are all relaxed and look forward to the Sabbath. It seems that slowly things go back to normal.
It is about 3 pm. The cell phone rings – unsuspecting I answered it. My disturbed older daughter and loud crying and screaming are heard on the other end: “The police are here, they are getting us…” In an outrageous and violent police action our daughters are being dragged out of the home of my respectable mother, crying and screaming.
I don’t understand how this action could happen for the well being of the child in the name of non-violent education.
After the kidnapped girls were handed over to the German police we waited five long hours on the Lörrach police station. There we were waiting in fear and trembling for the social workers of the Donauwörth youth welfare office. When they arrived at 10 pm they were as hard-hearted and unrelenting as always. The siblings were separated and brought to their destination in two separate cars. We were treated like criminals and held back by police. I can’t describe how I felt when I heard my 10 year-old girl wail, “Please promise me that I’ll sleep with my sister tonight.”
We, parents stayed behind alone. The responsible police man praised our brave attitude. It was a derision. What could we do in face of twenty or more armed officers? During the long ride at night the girls had to bear the sarcasm of certified pedagogues for hours in separate cars, until they were locked up in youth protection facilities.
Read more about the Krumbacher family.