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Book 4 · Family law  ›  Title 5 · Parental custody › Section 1688

Decisions of the foster carer

(1) Where a child has lived in foster care for a long period of time, the foster carer is entitled to decide in matters of everyday life and to represent the person with parental custody in such matters. The foster carer is authorised to manage the child’s earnings from work and to assert and manage maintenance, insurance, pension and other social security benefits for the child. Section 1629 (1) sentence 4 applies accordingly.

(2) The foster carer is equivalent to a person who in connection with the help under sections 34, 35 and 35a (2) nos. 3 and 4 of Book Eight of the Social Code (Sozialgesetzbuch) has taken on the child-rearing of and care for a child.

(3) Subsections (1) and (2) do not apply if the person with parental custody declares otherwise. The family court may restrict or exclude the powers under subsections (1) and (2) if this is necessary for the best interests of the child.

(4) For a person with whom the child, on the basis of a court decision under section 1632 (4) or section 1682, resides, subsections (1) and (3) apply subject to the proviso that the powers set out may be restricted or excluded only by the family court.

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