Ordinance on Child and Adult Protection Law (V KESR) - Coordination Person of the Municipality (KESR)

1. The municipal council designates the person responsible for coordination in child and adult protection law, as well as their deputy.

2. It informs the child and adult protection authority who will perform this function.

3. The coordination person organizes the receipt and handling of tasks from the child and adult protection authority and is responsible for the smooth cooperation between the municipality and the child and adult protection authority.

1. The Child and Adult Protection Authority appoints a coordination person and their deputy, who is responsible for answering questions and advising the municipalities as well as the guardians and caretakers.

2. It informs the municipalities as well as the guardians and caretakers about who exercises this function.

1. Under the direction of the Child and Adult Protection Authority, an exchange takes place between all authorities, agencies, and third parties involved in a specific case (§ 30 EG ZGB), insofar as it is necessary for the fulfillment of the duties of all parties involved and for the protection of the affected person.

2. For the exchange and to ensure cooperation, the Child and Adult Protection Authority can invite all authorities, agencies, and third parties involved in the specific case to case conferences. It determines the authorities, agencies, and third parties that participate in a case conference.

3. Professional guardians, community assessment individuals, and other specialized authorities may request the convening of a case conference from the Child and Adult Protection Authority.

1. The investigations conducted by the municipalities are carried out on behalf of the Child and Adult Protection Authority within the framework of an official or social report.

1bis. The official or social report may be orally recorded by instruction of the Child and Adult Protection Authority to this authority or one of its members.

1ter. The Child and Adult Protection Authority may also clarify the facts using electronic means (telephone, email, etc.) or have them clarified, provided that data security is ensured. The results of these investigations must be documented in written form and attached to the records in an appropriate manner.

2. The investigations conducted by the municipalities also include advising unmarried parents in drafting agreements that regulate maintenance and, where applicable, joint parental custody, and in establishing the child relationship through recognition.

1. Official reports are compilations of information already available to the municipality. They neither contain an analysis nor an evaluation of the data.

2. If necessary, the Child and Adult Protection Authority can request the municipality to gather additional information. The authority must specify this in its mandate.

1. The Child and Adult Protection Authority specifies in the mandate to the municipality for the preparation of a social report the issues to be addressed and topics to be clarified, namely

a) personal situation,

b) living arrangements,

c) work,

d) health,

e) education,

f) schooling,

g) relationships with the environment,

h) financial circumstances,

i) needs for representation, care, and administration.

2. Social reports are descriptions of the living situations of the affected individuals. They describe, analyze, and assess the state of vulnerability, the risk situation, as well as the existing abilities, and identify the need for action.

3. In complex subject areas, social reports are to be prepared by professionals who possess the necessary education and experience to investigate and evaluate the assigned topics. This is particularly applicable in cases involving

a) endangerment of child welfare,

b) custody and visitation rights issues,

c) mentally ill and neglected individuals,

d) individuals with addiction disorders,

e) individuals with intellectual disabilities.

4. For the preparation of social reports in less complex subject areas, particularly concerning the elderly, other individuals with professional experience in child and adult protection may also be employed.

5. Social reports must be comprehensible, transparent, and objectively formulated, thoroughly addressing and assessing the designated topics, and fully answering the posed questions. The evaluating person provides a statement in the form of a conclusion.

1. The municipality is significantly affected in its interests according to § 33 paragraph 1 of the Preliminary Title to the Swiss Civil Code (EG ZGB) if the decision of the Child and Adult Protection Authority results in a direct, at least provisional, financial obligation for the municipality required to provide support.

2. Furthermore, the municipality has the right to submit a statement at any time.

1. The Child and Adult Protection Authority inquires with the municipality about suitable professional guardians or private individuals who are qualified to serve as guardians before making an appointment.

2. This inquiry is waived if, due to the circumstances, the identity of the guardian is already determined, particularly if it involves relatives or other suitable close persons, or if the concerned person wishes for a suitable confidant to be appointed as a guardian.

1. Municipalities are required to request extracts from the debt collection register and criminal record as part of the selection process for professional guardians.

1. The deputy shall submit the account and report to the child and adult protection authority within three months after the end of the accounting or reporting period, or after the termination of the mandate. The authority may shorten or extend this period for special reasons.

2. The child and adult protection authority monitors the due dates of the accounts and reports (Art. 410 and 411 of the Civil Code).

1. The guardian or custodian must submit the guardianship account in duplicate to the Child and Adult Protection Authority. The account must include

a) an overview of the current status of the assets,

b) changes in the assets in terms of inventory and investment,

c) income and expenses.

2. The information in paragraph 1, letters a-c, must be documented.

3. Together with the guardianship account, the report on the condition of the affected person and the exercise of the guardianship must also be submitted in duplicate. If necessary, the guardian or custodian may request an adjustment of the measure.

1. The Child and Adult Protection Authority shall examine the account and report (Art. 415 CC) and enter its decision on both copies of the account and report.

2. The Child and Adult Protection Authority usually decides on the approval of the account and report within three months.

1. One copy of the accounts and reports, along with the supporting documents, must be retained by the Child and Adult Protection Authority, and the other must be returned to the guardian or custodian.

1. The Child and Adult Protection Authority determines the compensation based on a flat rate determined according to the difficulty of the mandate.

2. The flat rate for a two-year accounting or reporting period amounts to CHF 500.- to CHF 4,000.-.

3. In justified individual cases, the Child and Adult Protection Authority may set a higher flat rate or calculate the compensation based on the necessary time expenditure at an hourly rate.

3bis. The hourly rate is CHF 80.-. The total compensation for a two-year accounting or reporting period amounts to a maximum of CHF 20,000.-. If special expertise is required, deviations from the hourly rate and the total amount may be made.

4. Documented expenses and expenditures are to be additionally reimbursed. For travel expenses, §§ 4 to 10 of the Ordinance on Expenses, Attendance Fees, and Other Compensations of January 31, 2001, apply. For minor expenses, a flat rate of CHF 20.- to CHF 50.- may be granted.

5. The private person appointed to manage a guardianship may waive the compensation as well as the reimbursement of expenses and expenditures.

1. The municipality shall bear the compensation as well as the reimbursement of expenses and disbursements if the assets, as per § 43 para. 4 EG ZGB, fall below the amount of CHF 15,000 at the time of the presentation of accounts, taking into consideration the burden of the compensation.

2. The municipalities may, in the event that a professional deputy is appointed (§ 42 para. 1 EG ZGB), remunerate him or her themselves and collect the compensation as well as the reimbursement of expenses and disbursements, as determined by the Child and Adult Protection Authority, from the assets of the person under guardianship for the municipality.

1. The deputy or guardian must securely store all important documents for the person concerned until the termination of the mandate and record significant events in an appropriate manner.

2. Upon termination of the measure, the records must be handed over to the Child and Adult Protection Authority. This authority may allow professional deputies or guardians to retain the records even after the termination of the measure, provided that a list of these records is maintained with the Child and Adult Protection Authority.

1. For the purpose of quality assurance as well as quality and practice development, the Child and Adult Protection Authority ensures regular exchange of experience between itself, the municipalities, the persons entrusted with the investigations, and the professional guardians. It conducts at least one event per year for this purpose.

1. The Child and Adult Protection Authority regularly conducts a conference on selected specialist topics for municipalities, the individuals entrusted with assessments, as well as guardians and representatives.

1. For mandates whose invoicing or reporting period begins before January 1, 2017, the compensation of the assistants is determined according to the previous law.

1. The Department of Health and Social Affairs is responsible pursuant to § 46 paragraph 3 of the Swiss Civil Code Implementation Act (EG ZGB).

1. This regulation shall enter into force on 1 January 2013.