Ordinance on Child and Adult Protection

1. Affected persons are individuals for whom child or adult protection measures are considered or ordered.

2. Caregivers are persons appointed as guardians or deputies when such measures are ordered.

1. Supervisory Authority in Child and Adult Protection is the Department Secretariat of the Department of Justice and Security.

1. The Supervisory Authority

a. is responsible for handling supervisory complaints and administrative law notifications pursuant to Sections 180 et seq. of the Administrative Justice Act of July 3, 1972[2],

b. assists the Child and Adult Protection Authorities in the correct application of the law and promotes the development of a uniform practice,

c. coordinates the training and further education of the members and employees of the authorities together with the Child and Adult Protection Authorities and professional associations,

d. supports the Child and Adult Protection Authorities in the professional exchange among the authorities,

e. acts as the cantonal central authority under the Ordinance on Competences according to the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults of June 16, 2009[3].

2. It may

a. issue directives,

b. take additional supervisory measures.

1. Courts shall submit their decisions and judgments to the supervisory authority.

1. For the creation of a public inventory pursuant to Article 405, paragraph 3 of the Swiss Civil Code of December 10, 1907 (SCC), the provisions regarding the public inventory in inheritance law shall apply mutatis mutandis (Art. 581 et seq. SCC and §§ 74 et seq. of the Introductory Act to the Swiss Civil Code of November 20, 2000, EASCC).

2. The Child and Adult Protection Authority, together with the caregiver, is responsible for the preparation of the public inventory.

1. The management and safekeeping of the assets of affected individuals are governed by the Federal Council Ordinance on Asset Management within the Framework of Guardianship or Custodianship dated July 4, 2012 (Asset Management Ordinance, VBVV).

2. The Child and Adult Protection Authority approves contracts with the bank or PostFinance regarding the investment of assets and authorizes

a. the safekeeping at a different location (Art. 4 para. 2 VBVV),

b. asset investments pursuant to Article 6 paragraph 1d and e as well as pursuant to Article 7 VBVV,

c. the waiver of converting existing investments (Art. 8 VBVV).

1. A Member of the Child and Adult Protection Authority

a. reviews the account and decides on its approval,

b. reviews the report and decides on its approval,

c. issues any necessary new orders regarding the existing measure within the approval decision, provided the full authority is not responsible,

d. determines the date for the next account submission and reporting,

e. sets the compensation and reimbursement of expenses for the caregiver.

1. The Child and Adult Protection Authority files the account and the report in its records.

2. The retention of records by the Child and Adult Protection Authority is governed by the provisions regarding municipal archives in the Municipal Act of May 4, 2004 (§§ 32 and 33).

1. The child and adult protection authorities collect the statistical data required by the Conference of Cantonal Child and Adult Protection Authorities (KOKES).

2. They collect this data according to the methodological and technical specifications of KOKES.

1. The caregiver is required to retain all important documents for the person concerned and to record significant events in an appropriate manner.

2. The caregiver securely holds important documents until the termination of their office. Upon the termination of the office, the documents are to be transferred to the Child and Adult Protection Authority. The transfer of documents may be arranged differently in consultation with the Child and Adult Protection Authority.

1. The Guardian Prepares the Account and Submits a Report.

2. Pursuant to §§ 12 ff., the guardian prepares an account of the income and expenditures made on behalf of the affected person, as well as of the managed assets. The account must include all receipts, organized and numbered chronologically.

3. The report contains a description of the personal circumstances of the affected person, the established objectives, and the measures taken to achieve them, as well as a proposal regarding further guardianship and the objectives for the next reporting period.

4. Upon the transfer or termination of a measure, the guardian submits the final account and the final report. The principles set forth in subsections 2 and 3 apply mutatis mutandis. The Child and Adult Protection Authority may relieve the professional guardian or guardianship officer of this obligation if the employment relationship ends.

1. The basis of the accounting for newly imposed measures is the inventory according to Article 405 of the Civil Code, whereas for existing measures, it is the financial standing in accordance with the last financial statement submission.

2. The accounting follows the general principles of bookkeeping such as, in particular, completeness, clarity, truth, accuracy, specification, and the gross principle.

3. The accounts should generally be kept in the form of double-entry bookkeeping. In simple cases, the Child and Adult Protection Authority may permit accounting in the form of single-entry cash accounting pursuant to § 14.

1. Financial accounting in the form of double-entry bookkeeping includes the income statement and the balance sheet, including a comparison with the opening inventory or the previous period.

2. The chart of accounts is governed by the instructions of the supervisory authority.

1. **Bookkeeping in the Form of Simple Cash Accounting Includes**

a. maintaining a cash book, and if necessary, a postal checking or banking book (cash journal),

b. the cash accounting as a recapitulation of all cash transactions during the accounting period, organized by categories,

c. the asset accounting with the total inventory of assets and liabilities at the end of the accounting period, including a comparison with the initial inventory or the previous period.

2. The categories of the cash accounting are determined by directives issued by the supervisory authority.

1. The bookkeeping for business operations is the responsibility of the concerned individual and is governed by the provisions of Articles 957 et seq. of the Swiss Code of Obligations of March 30, 1911. Equity or balance sheet deficits must be included in the guardianship balance sheet.

1. If the medical director of the facility refuses to discharge a voluntarily admitted person, they may detain them for a maximum of three days (Art. 427 Swiss Civil Code).

2. The detained person must be released no later than three days unless further confinement is ordered by a physician who is independent of the facility (Art. 429 Swiss Civil Code).

1. If the facility deems a medically ordered placement for more than six weeks to be necessary, it shall submit an application to the competent child and adult protection authority no later than ten days before the deadline expires.

1. With regard to the periodic review of placement, the institution of the Child and Adult Protection Authority shall submit an application one month before the deadline.

1. For their official acts, the Child and Adult Protection Authority charges fees according to Sections 4 and 7 of the Ordinance on the Collection of Fees by Municipalities dated November 23, 2010.

1. Compensation for the caretaker is generally determined by the time spent and the requirements of the mandate management. The hourly rate ranges from 30 to 120 Swiss Francs. Travel expenses and disbursements are reimbursed separately in accordance with the rates set out in the State Personnel Remuneration Ordinance of September 24, 2002.

2. If the measure requires the engagement of a private specialist, this person may be compensated according to the applicable professional tariff or the usual rates with a 15 percent deduction.

1. The affected person shall bear the costs for the official actions and for the measures, including compensation and reimbursement of expenses for the caregiver in accordance with the rates of § 20. If the affected person is a minor, the parents shall bear the costs.

2. If the taxable net assets of the affected person do not exceed 12,000 francs or, in the case of married couples, do not exceed 18,000 francs, the community obliged to provide support shall bear the costs for the measures.

3. Affected persons in favorable economic circumstances may be required by the Child and Adult Protection Authority to bear the full costs.

1. The following decrees are repealed

a. Ordinance on Guardianship Matters of 25 September 2001[[11]](#enumeration_itemtext_content_fn_200957_2_11_c),

b. Ordinance on Involuntary Commitment of 25 September 2001[[12]](#enumeration_itemtext_content_fn_200958_2_12_c).

1. The following enactments are amended as per the annex

a. Implementing Ordinance to the Law on Residence and Settlement of December 23, 1954,

b. Ordinance on the Implementation of Federal Legislation on Identity Documents for Swiss Nationals of December 18, 2009,

c. Adoption Ordinance of September 25, 2001,

d. Ordinance on the Placement of Foster Children of September 25, 2001,

e. Ordinance on the Proceedings in Inheritance Cases of September 25, 2001,

f. Ordinance on the Administration of Justice of December 12, 2006,

g. Ordinance to the Law on Public School Education (Public School Education Ordinance) of December 16, 2008,

h. Ordinance on the Collection of Fees by Municipalities of November 23, 2010,

i. Ordinance on the School Health Service and Dental Care at Cantonal and Private Schools of June 10, 2008,

j. Standard Employment Contract for Domestic Employment of January 26, 1990,

k. Social Assistance Ordinance of July 13, 1990.

1. The regulation shall enter into force on January 1, 2013. It is to be published.