Child and Youth Home Act (CYHA) (KJG)

1 Purpose and Scope

This Act aims to ensure a needs-based provision of supplementary child-rearing support.

**2 It regulates**

a. the planning and financing of the provision,

b. the activities subject to notification and authorization.

In this Law

a. supplementary educational assistance

socio-educational family support, foster care, service offers

in foster care, residential care,

b. Directorate

the Directorate of the Government Council responsible for education.

Terms

1 Claim to Supplementary Educational Support

Children and young people residing in the Canton of Zurich have a claim to supplementary educational support.

**Claim and Offer**

2 This claim generally exists until the age of majority. Beyond the age of majority, it exists in particular until the completion of supplementary educational support.

3 The Ordinance specifies the offers.

4 The design of the offer is based on a cantonal overall plan and takes into account the principles of effectiveness, quality, and economic efficiency.

1. Provision of services is oriented towards the well-being of chil- Child well-being and

dren and young people.

Inclusion

2. These individuals are heard in matters concerning them, according

to their age and maturity, and are included in the decision-making process.

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Children and Youth Homes Act (CYHA)

Tasks of the

Directorate

The Directorate

a. ensures a needs-based provision of supplementary child-rearing assistance

for children and young people residing in the Canton of

Zurich,

b. develops an cantonal overall plan,

c. advises service providers and authorities in the field of supplementary

child-rearing assistance,

d. regulates the billing for services utilized by children and young

people residing in the Canton of Zurich who avail themselves of services

from providers without a service agreement with the Directorate,

e. regulates the billing for costs of penal and measures enforcement

under the juvenile criminal law,

f. regulates the billing for services utilized by children and young

people residing outside the Canton who avail themselves of services from

providers in the Canton of Zurich without a service agreement

with the Directorate.

Overall Plan

1 The overall planning takes into account social developments and contains in particular statements regarding

a. the need for services,

b. the healthcare structure,

c. quality,

d. costs.

2 The Directorate involves the municipalities, the referring bodies, the service providers and the service recipients in the preparation of the overall planning.

Activities Subject to Notification

B. Notification and Authorization Requirements

1 Any person offering the following services is subject to a reporting

obligation to the Directorate and is under its supervision

a. Family care services in accordance with Art. 20a of the Ordinance

of 19 October 1977 on the Admission of Foster Children (PAVO)12,

b. socio-pedagogical family assistance.

2 For socio-pedagogical family assistance, Art. 20b-20f PAVO apply mutatis mutandis.

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Children and Young Persons Homes Act (KJHG)

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1 **Activities Requiring a Permit**

Anyone offering family foster care in accordance with Art. 4 PAVO requires a permit from the Directorate and is subject to its supervision.

2 **Family Foster Care**

A permit within the meaning of Art. 4 para. 2 PAVO is also required by anyone who wishes to regularly take in children and young people into their own household without a formal administrative order, as part of crisis interventions.

3 **The Ordinance regulates**

a. the number of children and young people a family may care for,

b. the duration of care after which a permit is required,

c. the criteria for the allocation of care places.

1. Anyone offering residential care in accordance with Article 13(1)(a) of the Ordinance on Residential Care Facilities for Children and Young People (PAVO) requires a permit from the Directorate and is subject to its supervision.

2. The Ordinance regulates

a. the number of children and young people cared for, from which a permit is required;

b. the duration of care from which a permit is required;

c. the criteria for the allocation of care places.

1 The Directorate grants the permit for family care exclusively to natural persons.

2 The Ordinance regulates the details for granting the permit, particularly with regard to

a. personal suitability,

b. premises and their equipment.

Permit

a. Family Care

1 The Directorate grants the license for the operation of a

b. Home care

Children and Youth Home of the sponsoring body.

2 The Ordinance regulates the details for the granting of the

license, particularly with regard to

a. Conception and organization of service provision,

b. Personal suitability, professional training, and professional experience of the

service-providing employees and management,

c. Staffing levels and care ratios,

d. Premises and their equipment.

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Fees

Sanctions

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Children and Youth Homes Act (CYHA)

1 The Directorate shall levy a cost-covering fee for

a. the granting of permits pursuant to §§ 8 and 9,

b. the initial exercise of supervision over services subject to notification.

2 Anyone providing the service without remuneration shall not owe a

fee.

3 The Ordinance shall determine the amount of the fees.

1 Art. 26 PAVO applies mutatis mutandis to the violation of duties arising from this Act or a regulation or order issued thereunder.

2 In the event of breaches of duty by a legal entity, the Directorate imposes the sanctions on it.

C. Performance Agreements and Financing

Performance

Agreements

a. In General

b. Contents of the

Performance

Agreement

Performance

Compensation

1 The Directorate decides on the temporary entitlement of service providers to contributions and issues mandates for the provision of services for supplementary educational assistance by means of performance agreements.

2 Performance agreements are generally concluded for a limited period. They can be concluded as multi-year framework agreements and specified by annual contracts.

The service agreement regulates in particular

a. type and scope of services,

b. the requirements for employment conditions and the training of personnel,

c. the amount of service remuneration and the calculation of the lump sum,

d. the billing of service utilization for children and adolescents residing outside the canton,

e. quality assurance and development,

f. reporting.

1 Compensation for services rendered in accordance with the mandate

shall be provided

a. on a cost-covering basis according to eligible expenses or

b. by means of a cost-covering lump sum.

2 The compensation for services shall be considered a cost share and shall be paid out by the Directorate.

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Law on Children's and Youth Homes (KJG)

3 The Ordinance regulates

a. the crediting of costs and revenues,

852.2

b. the requirements for the utilization of service offerings,

c. the accounting and reporting obligations of service providers.

1 Of the costs of supplementary assistance for education obtained

under this Act, the following shall bear

a. the Canton 40%,

b. the Municipalities 60%.

2 Decisive are the costs that remain after deduction of contributions from

those with maintenance obligations and other statutory contributions. They

comprise:14

a. the service remunerations according to § 16,

b. the cost shares according to § 20.

Shares of the

Canton and

the Municipalities

1 The municipalities' share will be apportioned to the individual municipalities based on their population.

2 The ordinance regulates the details of determining the municipal shares and the procedure.

Municipalities

1 The service providers shall collect flat-rate contributions from those with maintenance obligations towards the catering costs.

2 The Ordinance regulates the amount of the contributions and the procedure.

1 The Directorate may pay healthcare providers cost contributions for construction projects and acquisitions up to the amount of the recognized expenses, if and insofar as they

a. are necessary for the provision of services, and

b. the raising of third-party capital is not possible.

2 The Canton and the municipalities bear the cost contributions according to the provisions in

1. 1. The Directorate may grant subsidies for projects to service providers in the field of subsidies for supplementary educational assistance, which particularly

a. promote the quality development and assurance of the services,

b. serve the development and testing of services,

c. support the further development of professional and methodological competence.

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852.2 Children's and Youth Home Act (KJG)

2. The subsidies may cover the full amount of the uncovered costs of the projects.

Requirements for the

Obligation to Pay of Canton and Municipalities

Cost Coverage Guarantee

Application for Cost Coverage Guarantee

1 Supplementary educational assistance is financed when there is an order from a Child and Adult Protection Authority (KESB), a court, or a cost coverage guarantee from the Directorate.

2 Financing for service providers without a service agreement with the Directorate requires a cost coverage guarantee from the Directorate.

1 The Directorate guarantees a cost assumption in accordance with § 22 para. 1, if the requested supplementary assistance for education is suitable and necessary for the protection of the child's well-being.

**2 If the Child and Adult Protection Authority (KESB) or a court orders the procurement of services from service providers without a service agreement with the Directorate, the Directorate guarantees a cost assumption if no equivalent offer is available from service providers with a service agreement with the Directorate.**

Submitting the Application for a Cost Coverage Guarantee

a. in cases according to § 22 para. 1, the parents or, with their consent, the municipalities,

b. in cases according to § 22 para. 2, a court or the Child and Adult Protection Authority (KESB) or, on their behalf, the guardian or caregiver.

**D. Disciplinary Law and Security Measures**

1 The disciplinary law and the security and protection measures concerning juveniles and young adults in residential care facilities are governed by the Criminal and Corrections Act of 19 June 2006.

2 For children, the provisions concerning juveniles apply.

Processing

of personal

data

E. Data Protection

1 The competent public bodies shall process data, including personal data and special categories of personal data, of children, young people, and their families for the fulfillment of their duties under this Act.

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Children and Young Persons Homes Act (KJG)

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2 Data pursuant to para. 1 shall include, in particular, information regarding personal, family, health, and financial circumstances.

3 The competent public bodies may obtain the personal data necessary for the fulfillment of their duties from other public bodies or from third parties, if supplementary assistance for education is ordered or accompanied within the framework of an official measure.

4 The authorities and administrative units of the Canton and the municipalities shall provide the competent public bodies with the data necessary for the fulfillment of their enforcement duties free of charge.

1. Data Exchange by Public Bodies

The public bodies entrusted with the fulfillment of tasks under this Law may, in cases according to § 26 para. 3, exchange data, including personal data and special categories of personal data, with the entities mentioned in para. 2 that are involved in the individual case.

2. Involved entities according to para. 1 may include

a. Authorities and administrative units of the Federation, the Canton, and the municipalities, as well as of other Cantons;

b. Child and adolescent psychiatric services, hospitals, and other healthcare institutions;

c. School psychological services, schools, and bodies responsible for the implementation of special educational measures;

d. Providers of supplementary family care;

e. Providers of supplementary child-rearing assistance;

f. Adoption agencies;

g. Law enforcement authorities.

3. Data according to para. 1 include in particular personal details as well as information about the personal, family, health, and financial circumstances of the individuals concerned.

1 The Directorate shall maintain a publicly accessible register of reported and approved providers of supplementary assistance for education.

2 The register shall contain

a. Name, address, and activity of these providers,

b. Information regarding the existence of a service agreement with the Directorate.

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852.2 Children and Young Persons' Homes Act (CYHA)

Statistics

1 The Directorate may collect and process all performance and operational data, including personal data and special categories of personal data, from providers of activities subject to notification and authorization requirements, which are necessary for the enforcement of the law, in particular for verifying

a. the provision of services,

b. cost development,

c. economic efficiency,

d. quality.

Retention Periods

2 The Directorate may collect and process data, including personal data and special categories of personal data, from referring authorities and municipalities, which it requires for overall planning in accordance with § 5 lit. b.

3 The Directorate may issue regulations regarding the content, form, and timing of data collection. The data must be provided free of charge.

The Directorate may establish differing retention periods for the storage of data, including personal data and special categories of personal data, in the area of supplementary child rearing aids, deviating from § 5 para. 2 of the Act on Information and Data Protection.

Amendment of existing law

Repeal of existing law

Transitional provisions

F. Final provisions

The current law shall be amended in accordance with the Annex.

The Law on Youth Homes and Foster Child Care of April 1, 1962 is repealed.

1. **Permits, which were granted based on previous law, remain valid until their expiration.**

2. **Permit adjustments are governed by the new law.**

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**Children's and Youth Home Act (CYHA)**

**852.2**

3. **Cost shares for eligible investment costs according to § 8 para. 1 lit. a of the Law on Youth Homes and Foster Child Care of April 1, 1962, which public and private sponsoring bodies received from the State for the eligible youth homes operated by them before the entry into force of the present law, shall be duly taken into account in the remuneration of services according to § 16.**

1 OS 74, 322.

2 Entry into force: January 1, 2022 (OS 76, 622).

3 ABI 2015-08-28.

4 Corrections see OS 74, 342 and 76, 623.

5 Entry into force: August 1, 2020 (OS 75, 370): Amendment of November 27, 2017

of the Children's and Youth Aid Act of March 14, 2011 (Annex No. 3).

6 Entry into force: August 1, 2019 (OS 74, 330): § 1 of the transitional provisions

to the amendment of November 27, 2017 of the Compulsory Education Act of February 7,

2005 (Annex No. 2).

7 LS 170.4.

8 LS 232.3.

9 LS 331.

10 LS 412.100.

11 LS 852.1.

12 SR 211.222.338.

13 For text, see OS 74, 322.

14 Version according to Law of June 3, 2024 (OS 79, 471; ABI 2023-02-17). In force

since January 1, 2025.

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**852.2**

**Annex**

**Children's and Youth Home Act (CYHA)**

The following laws are amended as follows

1. The Introductory Law to Child and Adult Protection Law

of June 25, 20128: ...13

2.4,6 The Compulsory Education Act of February 7, 200510: ...13

3.5 The Children's and Youth Aid Act of March 14, 201111: ...13

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