Citation

Hummel P, Jaenecke B, Humbert D. Prax. Kinderpsychol. Kinderpsychiatr. 2003; 52(9): 719-735.

Vernacular Title

Die Unterbringung mit Freiheitsentziehung von Minderjahrigen in Kliniken fur

Affiliation

Klinik für Kinder- und Jugendpsychiatrie und -psychotherapie, Sächsisches Krankenhaus, Postfach 1165, 01475 Arnsdorf. Peter.Hummel@skhar.sms.sachsen.de

Copyright

(Copyright © 2003, Verlag Fur Medizinische Psychologie)

DOI

unavailable

PMID

14677491

Abstract

The placement of minors who have been given a custodial sentence is barely mentioned in child psychiatric literature. The aim of this contribution is to present the statutory rules in civil law and public law regulating placement and to discuss the similarities and differences between them. The legislation on the placement of minors, which is concurrent in most of the German states, and the resulting problems for legal laypersons (such as doctors) are explained. Uncertainties among family and guardianship courts in regard to application of the law are examined. Case reports are presented to show the relevance to clinical practice. The conclusion can be drawn that the competing legislative regimes must be taken into account in each individual case when placing minors who have been given a custodial sentence. The application of legislation should take into account psychodynamic effects on the minor and his or her parents or guardians. Under certain circumstances, an insufficiently considered legal decision can have a counterproductive effect on the course of the disease. It is therefore recommended to proceed according to the principle of "priority to the better form of placement" when placing minors who have been given a custodial sentence.

Language: de