aptitude test for the performance of private law duties
The child and youth welfare institution can use private child and youth welfare institutions to provide social services, the suitability of which is established by notice.
The application must contain:
- Information about the bearer of the institution and the organisational
framework - Presentation of the intended service provision according to § 25 NÖ Kinder-
und Jugendhilfegesetz - Content concept with target definitions
- Description of the facility (location, construction, operating forms and times)
also in relation to the place of contact with clients - Information on the personnel and technical equipment of the Institution
- Information on the economic conditions and financing of the institution
Changes in the suitability requirements must be notified in writing within 3 weeks at the latest.
There are no costs and fees.
§ 26 NÖ Kinder- und Jugendhilfegesetz
Once the documents have been received in full, the authority will check whether the
conditions are met. It will issue a decision after six months at the latest.
A prerequisite for the aptitude test is, sufficient and qualified personnel, the financial and spatial resources required for the planned service(s) and an appropriate administrative organisation.
It is necessary to check whether the facility is capable of performing the intended Task in accordance with regional needs.
In the procedure, the district administrative authorities in whose local area of activity the institution is active shall be heard.
Authentication or signature of the application is not required.
An appeal is possible against rulings issued by an authority and shall be filed by the party within a four weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.
The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the Party expressly waived the right of appeal after receipt or pronouncement of the ruling.
Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.
24.11.2020
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