Foster Children Act - Subject Matter

1. This law regulates, in addition to federal law, the placement and intermediation of children and adolescents outside their parental home for the purposes of care, education, and supervision, as well as for subsequent adoption.

1. The Social Welfare Office grants the responsible person the authorization for

a) family and home care;

b) the admission of foster children for the purpose of later adoption;

c) the placement of foster children and homes.

2. The Social Welfare Office is the registration office for day and night care arrangements.

3. It may publicly publish the names and addresses of homes offering care placements or of persons who arrange foster children and placements.

**1. The Social Welfare Office exercises supervision over family care, day care, night care, and residential care; the placement of foster children with the aim of later adoption; as well as the mediation of foster children and care placements.**

**2. It may, in particular:**

**a) conduct unannounced inspections at any time if there is suspicion of endangerment to the child's welfare;**

**b) arrange for a medical examination to determine the state of health of the foster child.**

**3. Parents and foster parents are required to provide the Social Welfare Office with the information necessary for the exercise of supervision.**

1. The approval is valid only for the residence of the foster family specified in the approval or the location of the business specified in the approval.

2. The approval must be limited in duration.

1. The Social Welfare Office revokes the authorization if

a) there are serious violations of this law, or

b) the rate established by the government is exceeded.

2. The authorization for the placement of children and adolescents, as well as for places for care and education, is further to be revoked if

a) the requirements decisive for the granting are no longer fulfilled;

b) the procedure contained in the concept for assessing the suitability of the foster parents or the foster place is not adhered to;

c) the authorization has been revoked in another canton.

3. The Social Welfare Office may publicly announce the revocation of an authorization.

1. The social welfare office prohibits the admission and care of children in day or night care arrangements if the government-established rate is exceeded.

1. The Social Welfare Office may commission third parties with specific tasks incumbent upon it and compensate them for this. Sovereign tasks are excluded.

1. The fee for the issuance and renewal of a permit is charged in accordance with the effort involved. It amounts to

a) a maximum of 1000 Swiss Francs for family care;

b) a maximum of 2000 Swiss Francs for institutional care;

c) a maximum of 2500 Swiss Francs for the placement of foster children or care places.

2. The issuance and renewal of a permit for family care is not subject to a fee when only the self-costs are invoiced.

3. The fee for family care may be waived

a) in cases of placements ordered by an authority;

b) upon the renewal of the permit.

4. If family, day, night, or institutional care repeatedly or seriously gives rise to complaints, an inspection and processing fee will be charged based on the time required, at 150 Swiss Francs per hour.

5. Third-party costs are to be charged to the applicants at the actual costs.

1. The government establishes binding maximum rates for services requiring approval and notification concerning the care, education, and supervision of children and adolescents, as well as for the placement of foster children and foster care arrangements.

2. The determination is based on the costs incurred with economically efficient management in the case of residential homes, the placement of foster children, and day and night care. For family care, it is based on the compensation typically provided for care, education, supervision, as well as room and board.

1. The canton promotes the foster care system through

a) counseling for foster parents;

b) continuing education opportunities for foster parents;

c) support in the establishment and placement of foster care spots;

d) issuance of model contracts.

1. The admission of children or adolescents for care and education is subject to approval from a duration of one month and up to the age of 18 years.

1. Municipalities are required to report to the social welfare office any children or adolescents placed in foster care for upbringing and education until the age of 18. They must also report to the social welfare office if the children or adolescents change their place of residence.

1. Anyone who offers to care for children under 12 years of age, during the day or night, in their own household for a fee, without establishing a family care relationship, is required to report this.

2. The provisions applicable under federal law for day care are also applicable to night care.

1. Admission of Children and Adolescents Requires Authorization When

a) four or more slots are offered during both day and night for the upbringing, care, education, observation, or treatment of minors;

b) four or more preschool or school-age children are simultaneously cared for during either the day or night.

2. Exemption from the Authorization Requirement Applies to Childcare Services in Holiday and Recreational Facilities, Department Stores, and Shopping Centers.

1. In addition to federal law, the authorization shall only be granted if the social welfare office has ensured that the responsible management has set down the fulfillment of educational and caregiving duties in an appropriate manner in writing and in a format accessible to third parties. Lunch clubs are exempt from these authorization requirements.

1. The placement of children and adolescents for care and upbringing until the age of 18 or the placement of foster care positions requires a permit.

2. Exempt from the permit requirement is placement by an authority as well as the placement of daytime and nighttime care positions.

**1. Granting of Authorization for Mediation**

Authorization for mediation shall be granted if the responsible person

a) is legally competent under civil law;

b) has not committed any criminal act relevant to the mediation activity;

c) provides a suitable concept for assessing the suitability of foster parents or the foster care facility;

d) demonstrates that the mediating staff fulfill the requirements of points a and b.

**2.** Mediation is restricted to the territory of Switzerland.

1. The social welfare office may, in individual cases, approve placement abroad if it is demonstrated that the placed children or adolescents are supervised by qualified persons.

1. Individuals who possess a license for mediation are required to maintain a list of the children and adolescents they have mediated, including the place of mediation and the placements they have arranged. This list must be submitted to the Social Welfare Office annually by the end of January at the latest.

2. The license for mediation will be revoked if the list is not maintained properly or not submitted to the Social Welfare Office.

1. Intentional or negligent violations of this law or of the orders based on it shall be punished by the Social Welfare Office with a fine of up to 10,000 francs, unless special penal provisions are applicable.

2. Persons acting on a commercial basis shall be fined up to 50,000 francs.

3. In minor cases, a warning may be issued.

1. Facilities subject to the provisions on residential care must meet the approval requirements or obtain approval within twelve months from the effective date of this law.

2. For foster care relationships without valid approval, approval must be obtained within six months from the effective date of this law.

3. Existing day and night care relationships must be reported to the social welfare office within six months from the effective date of this law.

1. The law is subject to a facultative referendum.

2. The government determines the commencement of this law.