Vienna court reviews detention of first resident in

A Viennese court is reviewing the detention of the first resident of the "Auszeit-WG," a specialized facility for juvenile intensive offenders under the age of 14. The resident, a 13-year-old, is currently undergoing a judicial review under the Heimaufenthaltsgesetz (Home Stay Act) following the facility's launch in the Simmering district.

In an initial hearing, the Magistratsabteilung 11 (MA 11), which oversees child and youth welfare, stated that "the restriction of liberty was preliminarily assessed as permissible." The court is required to issue a final decision within 14 days. If the measure is deemed inadmissible, the teenager must be released immediately.

The project has faced legal scrutiny from the Vertretungsnetz, which argues that the facility represents uncharted legal territory regarding the restriction of liberty for minors. Legal experts have raised questions regarding the compatibility of the two-place facility with the Heimaufenthaltsgesetz, which typically applies to institutions accommodating at least three people. However, both the MA 11 and the Austrian Ministry of Justice maintain that the project is legally sound, focusing on the organizational entity "neue wege" rather than the specific capacity of the single WG unit.