In brief
For youth welfare offices, the relevant provision for children and adolescents with autism is above all integration assistance under section 35a SGB VIII: children and adolescents are entitled whose mental health deviates, with high probability for longer than six months, from the condition appropriate to their age and whose participation is therefore impaired or likely to be impaired. [1] For this, the youth welfare office obtains the opinion of a professional named in section 35a. [1] For young people who are physically or intellectually disabled or threatened by it, under current law integration assistance under SGB IX takes precedence. [3] Which classification applies to a child with autism is decided in the individual case.
This English translation was produced with AI assistance and has not yet been independently reviewed.
Legal status: 09.10.2026 (federal law SGB VIII, checked against the statutory text; a reform draft is marked as a draft). The version in force at the time of application applies. This article is not legal advice. Legal terms are translated here for understanding; the German wording of the law is what counts.
Section 35a SGB VIII in practice
The help is based on the need in the individual case and can be provided in outpatient form, in day-care facilities, by suitable foster carers or in facilities providing day and night care. [1] The opinion on mental health is to be drawn up on the basis of the ICD in the German version and should set out whether the deviation has disease value. The help should not be provided by the person or the service to which the person giving the opinion belongs. [1] The task and goals of the help follow the relevant provisions of SGB IX, as far as applicable. [1] For parents in detail: Section 35a SGB VIII: integration assistance for children and adolescents.
Delimitation from integration assistance under SGB IX
Under section 10 para. 4 SGB VIII, benefits under SGB VIII take precedence in principle over benefits under SGB IX and XII; by way of exception, for young people who are physically or intellectually disabled or threatened by such a disability, integration assistance under SGB IX takes precedence. [3] The wording contains no statement on multiple disabilities. [3] Whether autism is classified in the individual case as a “mental”, “intellectual” or other disability is not conclusively clarified in our sources and is not presented here. Questions of responsibility: Understanding the support system.
Young adults
Help for young adults is available under section 41 SGB VIII if and as long as personality development does not ensure a self-determined, self-responsible and independent way of life; as a rule up to the 21st year of life, in justified individual cases for a limited period beyond that. For the design, among others sections 33 to 36 apply correspondingly, and thus section 35a too. At the latest one year before the end, a transfer of responsibility should be examined. [2] On the transition to adult life: Coming of age at 18: what changes legally.
What the 2021 guideline named for cooperation
The guideline expired on 23.03.2026. [6] It named, among other things: coordinate care measures by a single point (case management), especially in childhood and adolescence, where several support systems are often involved; inform families in detail about options and entitlements and decide together. [5, Rec. 6] Parents should be involved, informed and asked for consent; for therapy, adolescents should, where possible, have a say in involving the legal guardians. [5, Rec. 106] For supported housing, it named a daily structure, continuity of staff, places to withdraw and trained staff. [5, Rec. 117] More: Cooperating with families and Structuring and visualisation in practice.
Reform draft
The Federal Government has presented a draft law on the structural reform of child and youth welfare (Bundestag printed paper 21/8274, advance version of 30.09.2026). It is not valid law; among other things, an experimentation clause and “educational assistance” are to be introduced and the conditional new version of section 10 para. 4 from the KJSG deleted. [4] Until it is promulgated, the previous version applies. News on this: Child and youth welfare: cabinet adopts first stage of structural reform.
What else you should know
- School support workers are often part of the help: School support workers: role, tasks, limits.
- State law and municipal procedures differ; the provisions named here are federal law.
- Not covered: help with upbringing, taking into care, child protection, support-plan procedures and cost questions.
Note: This article explains in general terms; it is not legal advice and does not replace professional qualification.
Sources and literature
- § 35a SGB VIII – Eingliederungshilfe für Kinder und Jugendliche mit seelischer Behinderung oder drohender seelischer Behinderung (www.gesetze-im-internet.de/sgb_8/__35a.html). – Statute (German federal law, in German)
- § 41 SGB VIII – Hilfe für junge Volljährige (www.gesetze-im-internet.de/sgb_8/__41.html). – Statute (German federal law, in German)
- § 10 SGB VIII – Verhältnis zu anderen Leistungen und Verpflichtungen (www.gesetze-im-internet.de/sgb_8/__10.html). – Statute (German federal law, in German)
- Bundesregierung: Entwurf eines Ersten Gesetzes zur Strukturreform der Kinder- und Jugendhilfe. Bundestags-Drucksache 21/8274 vom 30.09.2026 (Vorabfassung). – Draft bill, not valid law (in German)
- DGKJP, DGPPN et al. Autismus-Spektrum-Störungen im Kindes-, Jugend- und Erwachsenenalter. Teil 2: Therapie. S3-Leitlinie, AWMF-Reg.-Nr. 028-047, Stand Text 02.05.2021 (Empf. 6, 106, 117). – Guideline (in German); expired on 23 March 2026 (see no. 6)
- DGKJP. Aktuelle Leitlinien (Eintrag 028-047: „Gültig bis 23.03.2026“). https://www.dgkjp.de/wissen/aktuelle-leitlinien/ – Professional society (website in German)
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