(1) Unless otherwise provided, the court, in proceedings on the matters provided for in this title, makes the decision that, taking into account the actual circumstances and possibilities and the legitimate interests of those involved, is most conducive to the best interests of the child.
(2) If the child lives in foster care, then unless otherwise provided, the court also is to take into account, in proceedings on matters governed by the present Title, whether and to what extent the child-rearing circumstances given with the parents have improved, over the course of a period of time that is reasonable with a view to the child’s development, to such a degree that they are able to themselves rear the child. Where the prerequisites stipulated in section 1632 (4) sentence 2 no. 1 are met, the court also is to take into account in its decision the need of the child for continuity and stability in their life circumstances. Sentences 1 and 2 apply accordingly if the child is reared and care for in connection with the help under sections 34 or 35a (2) no. 4 of Book Eight of the Social Code (Sozialgesetzbuch).