The actively conducted social and political discussion regarding the legal right to attend a kindergarten, along with the increasing legal doubts expressed, provides grounds for a legal analysis. In examining the relationship between the state and society concerning the fulfillment of public welfare tasks, the author concludes that the legislator established a subsidiarity-compliant regulation with the prioritization of independent providers in the area of institutional support for children. The analysis of the constitutional foundations of Section 24 Sentence 1 of the KJHG within the framework of the social state principle and fundamental rights highlights an expansion of the dimensions of constitutional norms. This is rooted in the dependency on social change, which is particularly evident for children in altered family structures and a decrease in socialization.