Ordinance on Adoption and Foster Children (APV) - Scope (APV)

1. This regulation governs the implementation of the adoption section of the Swiss Civil Code (SCC), the Federal Act on the Hague Convention on Adoption and on Measures for the Protection of Children in International Adoptions (FCAA), as well as the Ordinance on the Placement of Foster Children (PAVO).

1. Competent Authority pursuant to Art. 268, Art. 268c para. 3, and Art. 316 para. 1bis of the Swiss Civil Code (ZGB) is the Commission of the Canton. It issues the necessary instructions for the procedure.

2. It may delegate investigations and other tasks to suitable third parties, in particular to child and adult protection authorities and social authorities, and is authorized to conclude related agreements with other cantons as well as with public or private institutions.

3. It acts as the supervisory body pursuant to Art. 10 of the Adoption Ordinance (AdoV), supervises the activity of the child and adult protection authority in the areas of family, day, and foster care as well as in the field of family placement organizations, and approves the operation of children's homes. It may issue the necessary instructions.

1. The Child and Adult Protection Authority is responsible for

a) the issuance and revocation of permits for family care and the supervision of family care;

b) the issuance and revocation of permits for day care, the receipt of notifications for day care, and the supervision of day care;

c) the issuance and revocation of permits for the operation of nurseries and day-care centers;

d) the receipt of notifications and supervision of providers of paid or unpaid services in family care;

e) the designation of the supervising person in the areas of family care and day care.

2. It is the central authority pursuant to Art. 2a of the PAVO.

1. A supervisory officer in the field of family care is a professional of the Child and Adult Protection Authority or a department affiliated with it.

2. The supervisory officer visits foster families and keeps a record of the visits in accordance with Art. 10 of PAVO. They are required to report annually to the Child and Adult Protection Authority about their visits.

1. Any person who takes children into day care must report this in advance to the competent child and adult protection authority.

1. Supervisor in the Area of Daycare is a specialist of the Child and Adult Protection Authority or an affiliated office.

2. The supervisor visits the host families and keeps records of the visits in accordance with Art. 10 PAVO. They are required to report annually to the Child and Adult Protection Authority on their visits.

1. If more than five foster children are taken in at the same time, the provisions regarding residential care shall apply. Exceptions are decided by the local authority commission.

1. Boarding Schools for Middle School Students Are Not Considered Homes.

1. Violations of the provisions of this ordinance or directives based on this ordinance shall, unless federal law penalties apply, be punished with a fine.

2. The prosecution is governed by the criminal procedure legislation.

1. The Ordinance on Adoption and the Placement of Foster Children (Adoption and Foster Children Ordinance; APfV) of June 23, 2003, is repealed.

2. Article 15, paragraph 2 of the Ordinance on Public Social Assistance (ShiV) is repealed.

1. The regulation shall enter into force upon adoption by the Grand Council, with the exception of Article 3, paragraph 1, letter d.

2. Article 3, paragraph 1, letter d of this regulation shall enter into force on January 1, 2014.