210.100 EGZZGBLICC

CH-GR

Art. 63a Introductory Act to the Swiss Civil Code (EGzZGB) - b) Child Protection Measures

Special Part - Family Law - Child and Adult Protection

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Art. 63a Introductory Act to the Civil Code · b) Child Protection Measures

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3. The costs of outpatient and inpatient child protection measures are borne by the municipality of the child's civil law residence, insofar as third parties are not liable for payment, when a decision or recommendation of the Child and Adult Protection Authority or a court, or a recommendation supported by the Child and Adult Protection Authority from another specialized authority in child protection, is present. If a municipality disputes the responsibility for assuming the costs, the Child and Adult Protection Authority can provide an advance payment.

4. The holders of parental authority participate in the costs of child protection measures to the extent defined by the Swiss Conference for Social Assistance as the parental contribution, but at least ten francs per day. If they are not financially able to do so, the community responsible for the public support of the holders of parental authority covers the parental contribution.

5. The municipality can reclaim 95 percent of the costs of inpatient child protection measures from the canton at the expense of the intercommunal pool managed by the canton.

6. 80 percent of the parental contributions made for the costs of inpatient child protection measures must be forwarded by the municipality to the canton for the benefit of the intercommunal pool.

7. The net costs at the expense of the intercommunal pool according to paragraph 5 and paragraph 6 are distributed the following year among the municipalities in proportion to the permanent residential population.

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Court Decisions Applying This Provision (11)

U 2023 74 · gr (Art. 63a EGzZGB)

Intercantonal Welfare Support Domicile Dispute

The defendant municipality's enforcement of the revised version of this article to deny cost liability was rejected because it cannot be applied extraterritorially.

ZK1 2023 28 · gr (Art. 63a Abs. 3 EGzZGB)

Municipality v. Child and Adult Protection Authority (Cost Allocation)

Mentioned in the reasoning concerning cost allocation based on residence, but not explicitly cited in the dispositive orders for the final ruling.

ZK1 2023 28 · gr (Art. 63a Abs. 4 EGzZGB)

Municipality v. Child and Adult Protection Authority (Cost Allocation)

Mentioned in the reasoning concerning cost allocation based on residence, but not explicitly cited in the dispositive orders for the final ruling.

U 2022 2 · gr (Art. 63a Abs. 3 EGzZGB)

Municipality Obligated to Cover Specialized School Costs Based on Custody Restriction and Expert Consensus

The municipality's responsibility to cover the costs of the child protection measure (schooling) was established based on this provision.

U 2022 2 · gr (Art. 63a Abs. 3 EGzZGB)

Municipality Ordered to Cover Private Schooling Costs Based on Child Protection Needs

This provision of the revised law is cited as the basis for ordering the municipality to bear the costs of the school placement because the measure was supported by the KESB.

ZK1 2022 5 · gr (Art. 63a Abs. 3 EGzZGB)

Child Protection Costs Allocation and Procedural Cost Waiver Appeal

This provision of the new law on mass-action costs, which became applicable due to the non-finality of the decision, is the basis for sending the matter back for new cost assessment regarding mediation expenses.

ZK1 2021 105 · gr (Art. 63a EGzZGB)

Appellant v. Adult Protection Authority (KESB) on Guardianship Costs

Cited as the legal basis for imposing measure costs (Beistand honorarium) on the person concerned, though the court ultimately upheld this.

PVG 2020 10 · gr (Art. 63a Abs. 2 EGzZGB)

Cost Allocation for Protective Measures Following Municipal Domicile Change

This article is the legal basis for the cost-sharing rule established to fill the legislative gap regarding cost division upon domicile change during a reporting period.

ZK1 2015 38 · gr (Art. 63a Abs. 2 EGzZGB)

Guardianship Accounting Costs Appeal

Cited in the final order (Point 1) regarding the subsidiary liability of the public body for support obligations for the measure costs.

ZK1 2015 38 · gr (Art. 63a Abs. 2 EGzZGB)

Appeal Against Adult Protection Guardianship Costs and Guardian Fees

Cited in the dispositive for determining the subsidiary liability for the costs of the measure.

PKG 2017 13 · gr (Art. 63a Abs. 1 EGzZGB)

Father's Liability for Child Welfare Guardianship Costs Despite Financial Hardship

Cited in the reasoning as the provision detailing that costs for measures must be borne by the affected person or the holder of parental authority, unless third parties are liable.