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BGB 1688. 1 If a child lives in foster care for a long period , the foster carer is entitled to decide in matters of everyday life and to represent the person with parental custody in such matters . The person is authorised to manage the child's earnings from work and to assert and manage maintenance , insurance , pension and other social security benefits for the child . Section 1629 ( 1 ) sentence 4 applies with the necessary modifications .
BGB 1748. 3 The consent of a parent may also be substituted where he is permanently incapable of caring for and bringing up the child as the result of a particularly serious psychological illness or a particularly serious mental or psychological handicap and where the child , if the adoption does not take place , could not grow up in a family and the child's development would as a result be seriously endangered .