Ordinance on the introduction of child and adult protection law (EV KESR) - Office (EVKESR)

1. The Child and Adult Protection Authority is an office of the cantonal administration.

2. The management of the office is the responsibility of the office management.

1. The Child and Adult Protection Authority consists of three to five members who possess education specifically in the fields of law, social work, pedagogy, psychology, or medicine. Additionally, the authority includes two to five substitute members to ensure representation.

2. The Executive Council elects the head of the office, the remaining members, and the substitute members. Members may not belong to the supporting services or act as an assistant or deputy.

3. The Executive Council may, through agreements with other cantons, ensure representation and on-call services.

1. The Child and Adult Protection Authority generally makes its decisions with three members. Abstentions are not permitted.

2. The head of the office or their deputy may order super-provisional measures in urgent cases according to Art. 445 para. 2 of the Swiss Civil Code (ZGB).

3. The government council specifies in implementing provisions those matters on which a single member of the Child and Adult Protection Authority decides alone.

1. The Child and Adult Protection Authority fulfills all tasks assigned to it by federal law and cantonal law.

2. It has jurisdiction over the entire canton.

3. The municipality of residence

a. in which the affected person was domiciled at the time the guardianship or comprehensive guardianship was established;

b. to which the affected person relocates their domicile after the establishment of the guardianship or comprehensive guardianship;

is deemed to be the seat of the authority and thus the residence of the warded child and the adult under comprehensive guardianship.

4. In the event of a transfer of a measure to or from another Child and Adult Protection Authority, paragraph 3 applies accordingly.

1. The Child and Adult Protection Authority has supportive services at its disposal. These are part of the cantonal office.

2. The supportive services are tasked with fulfilling the responsibilities assigned to them by the Child and Adult Protection Authority. They provide professional and administrative support. In particular, they assist with necessary investigations and manage the secretariat.

3. Within the scope of their duties, they are authorized to act on behalf of the Child and Adult Protection Authority.

4. The Child and Adult Protection Authority may call upon other authorities and professionals for information and consultation, insofar as it is necessary for fulfilling their responsibilities.

1. The Child and Adult Protection Authority shall issue rules of procedure.

2. These rules shall particularly regulate the allocation of responsibilities, the conduct of proceedings, the recording of minutes, the on-call service, representation, and the duties of supporting services.

3. The rules of procedure must be approved by the department responsible for supervision.

1. The Child and Adult Protection Authority operates a specialized office for private guardians and deputies.

2. The specialized office is responsible for the organization of private guardians and deputies, particularly for their recruitment, training, advice, and support.

3. The specialized office ensures an adequate number of private guardians and deputies who possess the necessary qualifications.

1. The municipal communities establish professional guardianships for the purpose of assuming child and adult protection duties.

1a. The municipality at the residence of the affected person is responsible for a mandate, unless otherwise determined by the child and adult protection authority.

2. The municipal communities ensure an adequate number of professional guardians who possess the necessary qualifications.

3. ...

1. As a legal adviser, any natural person can be appointed who possesses the necessary personal and professional qualifications for the intended tasks.

2. The tasks of the legal adviser are determined by federal law and the orders of the Child and Adult Protection Authority.

2. Professional guardians or caretakers assume responsibilities, particularly guardianship and administration mandates, which the Child and Adult Protection Authority does not assign to a private individual.

1. If the compensation and expense reimbursement for the advisor or legal representative cannot be paid from the assets of the affected person, Article 24 of this regulation applies.

1. Guardians and advisors are subject to the professional supervision of the Child and Adult Protection Authority. This authority may issue directives to them and take measures.

2. The Child and Adult Protection Authority may, in particular, assign the task to guardians or advisors from another professional guardianship if the responsible local municipality

a. does not have a sufficient number of professional guardians and advisors;

b. does not have professional guardians and advisors with the necessary qualifications.

3. The costs of the assignment shall be borne by the responsible local municipality.

1. The Child and Adult Protection Authority may order outpatient measures to prevent compulsory accommodation.

1. Permissible are measures that appear suitable to prevent or terminate protective placement or to prevent a relapse.

2. Outpatient measures may particularly include

a. reporting to an authority or specialized agency;

b. regularly seeking professional advice or support, undergoing therapy, or taking certain medications;

c. refraining from consuming alcoholic beverages and other addictive substances;

d. undergoing medical examination and treatment.

3. Outpatient measures must be time-limited. They are to be lifted if they have fulfilled their purpose. They lapse no later than two years after their imposition or in the case of protective placement, unless the Child and Adult Protection Authority decides otherwise.

1. The Child and Adult Protection Authority may authorize the guardian or third parties to verify compliance with instructions through appropriate measures.

2. It may authorize the guardian or third parties to enter the residence of the affected person for this purpose, insofar as possible in their presence.

1. If there is an imminent danger, protective custody can also be ordered by doctors who are licensed to practice independently in the canton, as well as by the chief physicians, senior physicians, and attending physicians of the Cantonal Hospital of Obwalden, but only for a maximum of six weeks.

2. ...

3. Upon discharge, the facility arranges for appropriate aftercare.

1. If the facility considers a placement lasting longer than six weeks necessary, it shall submit an application for the continuation of the measure to the Child and Adult Protection Authority.

2. The application must be submitted no later than ten days before the expiration of the six-week period. The necessary documents must be attached to the application.

1. The provisions in Articles 14 to 19 of this Regulation regarding the continuation of accommodation and aftercare shall apply mutatis mutandis to cases of retention by the facility of voluntarily admitted persons.

1. Appropriate aftercare may be ordered to address the risk of relapse.

2. Outpatient measures may also be the subject of aftercare.

1. If the Child and Adult Protection Authority is responsible for the discharge, it shall obtain the opinion of the attending physician and arrange for appropriate aftercare.

2. If the institution is responsible for the discharge, it shall agree on appropriate aftercare with the person being discharged. If no such agreement is reached, it shall apply to the Child and Adult Protection Authority for appropriate aftercare before the discharge.

1. Article 13 of this regulation shall apply mutatis mutandis to the accompaniment during aftercare as well as to the verification of compliance with the instructions.

1. Subject to specific provisions of cantonal law and federal law, the provisions of the administrative and administrative court procedure apply to the proceedings.

2. There is no suspension of deadlines for statutory and officially set time limits. The parties involved in the proceedings must be informed of this.

1. The proceedings under child and adult protection law are not public.

2. The institution carrying out custodial care informs the Child and Adult Protection Authority of all decisions made and relevant information.

3. The competent court communicates the final decisions in the matter to the department responsible for supervising oversight.

1. The compensation for the cantonal authorities organization (specialist authority, supporting services, specialist agency for private guardians and probation assistance) by the resident municipalities amounts to 0.053 tax units.

2. The basis for calculating the compensable tax units is the tax revenue from income and wealth taxes of natural persons from the previous year.

3. The compensation is offset against the tax payments from the canton to the municipalities.

1. If the affected person cannot pay the costs of the measures, they shall be borne by the municipality of residence.

2. The passing on of costs to liable third parties and public entities remains reserved. The obligation to reimburse is governed by the Social Assistance Act.

3. The government council may regulate the details in implementing provisions.

**1. The Executive Council regulates in implementing provisions the compensation and reimbursement of expenses for the guardian or trustee.**

1. Upon request by the competent court, the psychiatric department of the cantonal hospital shall appoint an expert person who will prepare the report in accordance with Art. 450e para. 3 of the Swiss Civil Code.

2. The government council may enter into agreements with third parties, particularly with organizations and cantons, to ensure the availability of expert resources.

3. The higher court may regulate the compensation of the experts in a regulation.

1. Residential and Care Facilities, in which minors or legally incapacitated persons are cared for, are subject to the supervision of the Government Council, insofar as sufficient supervision is not already guaranteed by federal or cantonal legal provisions.

1. The Child and Adult Protection Authority is the Central Authority pursuant to Article 2 paragraph 1 of the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults (BG-KKE) as well as the Enforcement Authority pursuant to Article 12 paragraph 1 BG-KKE.

2. Furthermore, it is the competent authority in the area of the protection of personal relationships pursuant to Article 21 of the Hague Child Abduction Convention, Article 35 of the Hague Convention on the Protection of Children, and Article 11 of the European Custody Convention.

1. The Executive Council shall issue the necessary implementing provisions for the enforcement of this regulation.

1. The Department of Safety and Social Affairs exercises oversight over child and adult protection on behalf of the Executive Council.

1. The Executive Council shall submit an evaluation report to the Cantonal Council after seven years have passed since the enactment of the Child and Adult Protection Legislation and shall propose any necessary measures.

1. Upon the entry into force of the Child and Adult Protection Law, the cantonal Child and Adult Protection Authority assumes all tasks and procedures of the previous municipal guardianship authorities.

2. If the Child and Adult Protection Authority must begin its activities before the law comes into force, the Governing Council may declare the relevant areas of the new law applicable in advance for the establishment of the organization and the transfer of mandates.

1. The Government Council shall determine when this regulation comes into force. It is to be submitted to the Federal Government for information.