Ordinance on the Organisation of the Aarburg Youth Home - 1. Juvenile Criminal Measures and Civil Accommodations

1. The Canton of Aargau maintains a youth home on the Aarburg for male adolescents for the enforcement of juvenile criminal measures and civil placements.

2. The youth home admits

a) * from the juvenile criminal sector, adolescents from the age of 14 until the completion of the 25th year of age, particularly for the enforcement of juvenile criminal measures;

b) * from the civil sector, adolescents from the age of 14 until the completion of the 18th year of age for the enforcement of civil placements ordered by the child protection authority.

3. Upon reaching the age of majority, there is the possibility for civilly placed youths to complete their education, provided the financing of their stay is secured.

4. Exceptionally, young adults after the completion of the 18th year of age may be admitted for the enforcement of a welfare placement ordered by the adult protection authority.

1. The youth home operates a school, training enterprises, and workshops. It offers the following education opportunities

a) * Special school;

b) * Vocational school and preparation for basic vocational education;

c) * Basic vocational education.

2. The youth home offers placements particularly in closed groups, internal residential groups, external residential groups, assisted youth housing, and day schools. Additionally, it can accommodate day attendants.

1. Through close educational and therapeutic supervision, along with the provision of educational and vocational training opportunities, efforts should be made to positively influence the detainees and equip them with the ability to reintegrate responsibly into social and professional life following their release.

2. For those committed by a penal authority, the focus is on addressing the offense, its causes, and its consequences, particularly for the victim. The detainees are encouraged to make amends and are supported in their corresponding efforts.

1. The Director

a) manages the institution and supervises the staff;

b) presides over the management conference and represents the institution externally;

c) decides on the issuance, amendment, and repeal of house rules, concepts, and regulations and submits them to the supervisory authority for approval;

d) * appoints their deputy with the approval of the Department of Economic Affairs and Home Affairs;

e) * is responsible for the lawful execution of imposed juvenile penal measures and civil placements, maintaining order and security, as well as disciplinary matters within the institution;

f) ensures efficient and cost-effective operations;

g) oversees construction and maintenance matters;

h) proposes the abolition of existing and the introduction of new educational care forms, trades, and training facilities;

i) coordinates and monitors the fulfillment of duties by employees, directs their deployment, and ensures the professional training and development of the staff;

k) * is the employment authority in accordance with § 2 of the Personnel and Salary Ordinance, subject to the approval of the Department of Economic Affairs and Home Affairs for members of the management conference;

l) * prepares the budgets and annual financial statements;

m) * submits the annual reports and biennial yearbooks to the Department of Economic Affairs and Home Affairs.

1. The Head of Education

a) is responsible for socio-pedagogical matters;

b) directs and coordinates the activities in all areas of the educational support services;

c) * handles disciplinary cases and submits relevant applications to the Director, unless he or she, in a deputy capacity according to § 7 paragraph 3, decides on them personally;

d) * participates in an advisory capacity in the recruitment process, insofar as it concerns persons within his or her area of responsibility.

1. The Training Supervisor

a) manages the area of school and vocational training as well as the training enterprises;

b) supports and advises the interns in choosing their training;

bbis) * handles disciplinary cases and submits applications to the director, unless he or she is acting in a deputy function according to § 7 para. 3;

c) * participates in an advisory capacity in the recruitment process, insofar as it concerns personnel within her or his area of responsibility.

1. The Executive Conference is composed of the Director, the Head of Education, and the Head of Training, as well as no more than two additional senior staff members designated by the Director. The Director presides over the meeting.

2. The members of the Executive Conference advise and support the Director on issues concerning the proper implementation of ordered juvenile criminal measures and civil placements, particularly regarding educational and therapeutic measures, the training and work assignments of the residents, as well as issues pertaining to maintaining order and security within the facility.

3. The members of the Executive Conference assume the role of the Director's deputy in their absence and during on-call service.

1. The other employees perform their tasks and functions according to their job descriptions, possibly supplemented with a list of duties.

1. Employees perform their duties in accordance with the internal regulations and the mission statement of the institution.

2. They behave correctly towards supervisors and colleagues at all times and support each other in service.

3. Through their behavior and correct fulfillment of duties, they set an example for the residents. They treat the residents with respect and avoid any inappropriate familiarity. Any physical or mental abuse of the residents is prohibited.

4. Employees are required to maintain confidentiality about the residents and the operation of the institution (Art. 320 of the Criminal Code).

5. The procedure for dealing with employment-related breaches of duty by employees is governed by the provisions of the Personnel Act.

1. The Aarburg Youth Home is a non-autonomous institution. It is integrated into the Department of Economic Affairs and Home Affairs, which exercises supervision over it.

2. The responsibilities of the Department of Economic Affairs and Home Affairs include in particular

a) the approval of the issuance of new or the amendment of existing regulations, concepts, and house rules;

b) the approval of the appointment or determination of the members of the management conference;

c) the decision on applications from the director regarding the abolition of existing or the introduction of new educational care forms, trades, and training facilities;

d) the review of budgets and annual reports;

e) the handling of complaints from residents.

3. The professional supervision of school instruction is carried out by the competent authorities in accordance with the School Act [8] and the Vocational and Continuing Education Act [9].

1. The Department of Economic Affairs and the Interior establishes the rates for board payments and additional costs as flat rates. It is responsible for entering into agreements with the Confederation regarding lump-sum compensations.

2. The board payment, intended to cover operating costs, specifically includes compensation for meals, care, and education.

1. The referring authority must issue a cost assurance for the duration of the juvenile's stay before admission to the institution.

2. The contributions of the individuals admitted, their parents, or the responsible municipalities shall be determined according to the relevant provisions and inter-cantonal agreements.

2bis. The cost allocation for stays of individuals admitted for the enforcement of measures under child and adult protection shall follow the relevant provisions of care legislation regarding cost distribution for stays in residential child and youth facilities.

3. Expenses not covered by the maintenance fee are to be borne by the individuals admitted, their parents, or the responsible municipalities. The coverage of these costs must be ensured in advance whenever possible.

1. The following shall be considered culpable breaches of duty resulting in disciplinary actions

a) Violence, threats, or insults against the facility staff, inmates, or other individuals;

b) Escape, flight, and attempts thereof;

c) Smuggling and possession of prohibited items;

d) Alcohol and drug offenses, whereby the refusal to provide urine samples and breath tests constitutes a violation;

e) Damage to and appropriation of another's property;

f) Disobedience to the orders of the staff.

1. The disciplinary authority over detainees is vested in the director or their deputy.

2. The following disciplinary penalties and measures are available

a) oral or written reprimand;

b) revocation or restriction of privileges;

c) fines for students after completion of primary education;

d) confinement in one's room;

e) light and strict detention for up to 7 days.

2bis ...

3. As a precautionary measure, particularly in cases of flight risk, confinement in a secure room for up to 24 hours may be ordered prior to the issuance of the disciplinary decision.

4. Multiple disciplinary sanctions may be imposed simultaneously.

5. The criminal prosecution of a disciplinary offense remains reserved.

6. The director may delegate the disciplinary authority to further staff members via regulations. This delegation does not include the imposition of detention or precautionary measures.

7. For adults according to § 1 paras. 3 and 4, orders of room confinement and detention as disciplinary penalties, as well as precautionary measures, are not permitted.

1. ...

2. Inmates may file a written and reasoned complaint against disciplinary actions with the Correctional Services Office within three days from the notification. The deadline is met if the complaint is handed over to the resident staff within three days.

3. If the complaint is upheld, the Correctional Services Office may impose another disciplinary sanction or measure in accordance with § 13 para. 2.

4. Decisions on complaints in disciplinary matters can be contested within 30 days from the notification by filing an administrative court complaint.

5. Additionally, the provisions of the Administrative Procedure Act apply.

1. Detainees may file a complaint with the Director against orders and directives issued by employees.

2. Orders and complaint decisions made by the Director may be appealed to the Office of Corrections. Decisions from the Office of Corrections may be contested by filing an administrative court complaint.

3. The provisions of the Administrative Procedure Act shall apply. Exceptions exist where there are differing regulations within disciplinary matters.

1. The legal protection of employees is governed by the provisions of the Personnel Act.

1. This regulation is to be published in the collection of laws. It shall enter into force on March 1, 2004, with the exception of § 10. § 10 shall enter into force on April 1, 2005.

1. Upon the entry into force of this regulation, Sections 1-3, 4 letter b, and 8-14 of the Decree on the Organization of the Cantonal Youth Home Aarburg dated October 27, 1959, shall be repealed.

2. Sections 1a, 4 letter a, 5-7, and 18 of the Decree on the Organization of the Cantonal Youth Home Aarburg dated October 27, 1959, shall be repealed as of April 1, 2005.