Aufsichtspflicht in Kita und Kindergarten einfach erklärt (1/2) | ERZIEHERKANAL

A small moment of carelessness, and the pedagogical faculty is already in prison? This concern has many people who work in the social sphere, especially in children's newsstands. In this two-part video series, we want to see if there is something true about it and what it has in common with supervisory duty. Hi and welcome to a new video. This video is about the topic of supervisory duty. Since supervisory duty is a relatively complex and dry topic, there will be two parts to the topic. This is the first part, in which we look at what supervisory duty actually is, which laws are relevant and which criteria you as a pedagogical faculty should pay attention to. Feel free to leave a free subscription so you don't miss the weekly videos on the Mercia channel and support the work behind the channel. And now, have fun with the video. What is supervisory duty? I know that many faculty members want a simple, clear rule with which they are on the safe side in every situation regarding supervisory duty. Unfortunately, this clear rule does not exist. Nevertheless, the information in these two videos will help you to feel safer regarding the topic of supervisory duty, whether it is for practical work or simply for the next exam. Supervisory duty is a duty prescribed by law to supervise certain people. In the field of education, this usually applies to children and adolescents. In Germany, basically all minors are considered to be supervisory. The so-called personal care is regulated by who takes over the supervisory duty for a person. This person is referred to as a supervisory person. Usually, these are the parents. Supervisory duty is mainly given for three reasons and serves to protect the person being supervised. First, to avoid self-harm, i.e. that the child harms the adolescent. Second, to avoid alienation, i.e. that the child harms no other person. And third, to avoid harm by third parties, i.e. that the child of the adolescent is not harmed by other people. As already mentioned, the parents usually have the supervisory duty. Here we speak of the legal supervisory duty. The supervisory duty can also be transferred by contract. This is, for example, the case when parents put their child in kindergarten or school. The supervisory duty for the respective child is then taken over by the responsible parents. Then we speak of contractual supervisory duty. We speak of a supervisory duty violation if the supervisory person could have expected or even knew that a harm was coming and did nothing about it. Which laws are relevant for the supervisory duty? The supervisory duty is regulated in paragraph 1631 of the Civil Code on the personal care. Paragraph 1. Personal care includes in particular the duty and the right to care for the child, to raise, to supervise and to determine his stay. The liability in relation to the supervisory duty is regulated in paragraph 832 of the Civil Code on the liability of the supervisory person, paragraph 1. Anyone who is subject to the power of law to supervise a person who is subject to the supervisory duty due to minority or due to their mental or physical condition is obliged to replace the damage, which this person unfairly adds to a third party. The substitute duty does not apply if his supervisory duty is sufficient or if the damage would have arisen even with proper supervisory guidance. The transfer of the supervisory duty and the subsequent liability is also regulated in paragraph 832 of the Civil Code, but in paragraph 2. The same responsibility applies to the person who takes over the supervision by contract. Which criteria play a role in the supervisory duty? The legal situation and the laws are very openly formulated here. This is because there must always be a fair playground, so that a single case can be considered concretely and there is no preliminary blame. It is stated that three points are important in relation to the so-called proper supervisory duty. First, a supervisory person with professional understanding and an understanding of the respective circumstances and situations. Second, reasonable requirements and conditions. And third, a behavior adapted to the specific individual case by the pedagogical expert. I don't think you can really start much with that. Therefore, I have selected further criteria and points that will undoubtedly be taken into account when it comes to the subject of supervisory duty. It is therefore relevant that pedagogical experts should keep an eye on the following points. First, age. The age of the child plays an important role. It is a big difference whether a pedagogical expert takes over the supervision for a two-year-old child or for a six-year-old. Especially with young children, it must be assumed that they cannot properly assess many dangers and possible consequences for themselves and others. Second, the level of development. Age plays an important role, but the level of development is even more important. We know that development generally takes place individually. In addition, this can be delayed by diseases, disabilities and co. Therefore, it is important that the behavior in terms of supervisory duty is adapted to the development state of the child. For example, pedagogical experts should be well informed about the child and collect professional observations. This applies to facilities, especially when re-adopting children. Third, the occupation and activity of the child. The behavior of the pedagogical expert in terms of supervisory duty should be additionally adapted to the respective occupation and activity of the child. Handling with a needle and scissors is much more dangerous than when a child concentrates on painting a picture with a wax pen. The concrete situation. The respective situation in which something takes place also plays an essential role. Was there a big fight between children in advance? Is it generally a day when the children are turned on, for example a Monday? Then, in terms of supervisory duty, a little more sensitive attention should be paid to the situation and circumstances. If the mood is particularly stimulated, then the wax pen mentioned above can also become a weapon. Fifth, space and location. In addition to the above points, space and location are also relevant. If the whole thing takes place within the facility, for example in the group room, or outside, for example on the outdoor area, or if it comes to a trip, then further points are to be considered. Sixth, the expertise. The expertise as a person is of course also an essential point. The individuality as such plays a role. This can include, for example, a disability, physical limitations, and so on. But also, for example, professional experience or age. Of course, this should not be generalized here. Nevertheless, such topics must not be turned under the table or ignored. Seventh, the susceptibility to the set requirements. This point is linked to the above. A pedagogical expertise should not be excessively challenged in the set requirements. For example, a physically limited expertise should be examined to see whether a forest walk in terms of supervision is at all possible. Eighth, group size. There is no legal or legal regulation when a group is too large or when it is due to a supervision injury due to too large groups. Here is the reference that institutions should be oriented to the state guidelines. If the group is then too large, activities with high risk should be dispensed with and the actions in terms of supervision should be intensified. However, there are very clear recommendations in terms of an appropriate expertise-child relationship in daycare centers. This comes from the Bertelsmann Foundation and is 1 to 7.5. So a specialist should take care of a maximum of 7.5 children. I think we all know what the practice looks like in this regard. With all these points, one could now of course think that as a pedagogical specialist, one simply prohibits pretty much everything in general. Then you are on the safe side. The supervision is guaranteed and nothing can happen to the child. Of course, this should not be done. The supervision is only a secondary duty. It is extremely serious to take and under all circumstances to guarantee, but there is a duty for pedagogical specialists that is primary. At this point in the video, we will make a cut. In the second part, we will look at which pedagogical specialists are even more important than the supervision. In addition, there is information about how the supervision can be carried out in concrete terms, why children and adolescents should not be monitored permanently, when the supervision begins and ends and what legal consequences a supervision injury entails. If the video has already been published, I will link it to you right at the end of this video and in addition in the comments. Click here to get to the most up-to-date video on the educator channel. Leave a free subscription here. For more information, have a look at the homepage www.erzieherkanal.de. Thank you and see you next time. Simon from the Erzieherkanal.