Vienna juvenile facility faces legal scrutiny over capacity laws

Constitutional jurist Heinz Mayer has raised concerns regarding the legal basis of a Vienna-based “Auszeit-WG” (time-out shared apartment) designed for juvenile intensive offenders. Mayer argues that the facility lacks a proper legal foundation under the Heimaufenthaltsgesetz (Home Stay Act), which requires a minimum capacity of three places, whereas this shared apartment accommodates a maximum of two children.

In contrast, Vienna’s Department 11 (MA 11) and the Austrian Ministry of Justice maintain that the legal interpretation is valid. They argue that the capacity should be assessed based on the entire provider, “neue wege,” rather than the specific shared apartment alone. The Ministry of Justice has described this interpretation as “defensible.”

A judge has ruled that the restrictive measures applied to the first resident, a 13-year-old, are provisionally permissible. The court has commissioned expert opinions in child and adolescent psychiatry and special education to determine if alternative measures are possible. A final decision regarding the minor's stay in the facility is expected following a hearing scheduled for August 19.