Ordinance on the Promotion of Family-Supplementary Childcare (Kinderbetreuungsverordnung; KibeV) - Supervision and Enforcement Authority (KibeV)

1. The execution of the legislation for the promotion of supplementary childcare is under the supervision of the Department of Health and Social Affairs.

2. The competent authority within the meaning of the law is the Compensation Fund of Appenzell Ausserrhoden. It is assigned all execution tasks unless otherwise stipulated.

3. The Department of Health and Social Affairs regulates the execution mandate and the remuneration of the Compensation Fund through a service agreement. This requires the approval of the Government Council.

1. The Department of Health and Social Services publishes a list of recognized daycare centers in the canton on the internet.

2. The responsibility to provide proof that an out-of-canton daycare center holds a permit according to Art. 13 et seq. of the Foster Children Ordinance lies with the applicant.

1. Recognized within the meaning of Art. 2 para. 2 lit. b of the Childcare Act (KibeG) are professional organizations affiliated with the Association for Childcare Switzerland (kibesuisse).

2. The Department of Health and Social Affairs may suspend the recognition of a professional organization if there is reasonable suspicion that it does not comply with the minimum standards and guidelines of the Association.

1. The entitled care workload (entitlement workload) refers to the eligible care time per child. It is generally calculated in care hours per month and can be divided among different childcare offerings.

2. The entitlement workload amounts to a maximum per month of

a) Preschool children: 200 care hours

b) School-aged children (including kindergarten): 158 1/3 care hours

3. The entitlement workload is linearly reduced in accordance with the employment rate of the custodians.

4. Daily allowances for preschool children are credited to the entitlement workload according to Appendix 1.

5. Unused care hours cannot be transferred to another month.

1. Discretionary contributions are granted in exceptional cases upon a justified application.

2. There is a promotion of professional integration if out-of-family childcare serves the future employment of the guardians and the long-term financial stability of the family.

3. The support of out-of-family childcare to alleviate the family burden or in the interest of the child's welfare requires a corresponding recommendation from a professional.

4. The enforcement agency determines the extent of the supported childcare hours based on the purpose and duration of the measure. It may attach conditions and requirements to the approval.

5. The Department of Health and Social Affairs may issue directives regarding discretionary contributions.

1. The contribution per hour of care corresponds to the eligible childcare costs minus the deductible.

2. Eligible are all childcare costs invoiced by the institution that, according to the care agreement, must be borne by the legal guardians.

3. The maximum amounts that can be counted as childcare costs per hour of care (including costs for meals, hygiene, etc.) are

a) Children up to 18 months: CHF 13.50

b) Children older than 18 months: CHF 11.50

4. The maximum rates according to paragraph 3 do not apply if an increased need for care is demonstrated due to a medical diagnosis.

1. The deductible is deducted as a percentage of the eligible childcare costs.

2. The applicable percentage is determined according to Appendix 2 based on the relevant income of the legal guardians.

1. Contributions shall be disbursed to the guardians at the end of each month upon submission of the invoices.

2. Invoices must be submitted to the enforcement authority within 30 days of receipt.

3. The enforcement authority may, in justified cases, accept late-submitted invoices for payment.

4. It may order payment upon presentation of proof of payment if it determines that contributions have been used for purposes other than intended.

1. Guardians may authorize the executing agency to disburse contributions to the institution.

2. The executing agency shall coordinate with the institution regarding the necessary reporting requirements and the disbursement method.

1. Contribution applications must be submitted to the enforcement office no later than 30 days from the utilization of the childcare service.

2. All required documentation must be attached to the contribution application.

3. A separate contribution application must be submitted for each child. The contribution application must list all childcare services for which contributions are claimed.

1. The enforcement authority shall assess whether the required information and documents necessary for the evaluation of the contribution request are present.

2. If necessary, it shall set an appropriate deadline for the completion of the contribution request.

3. Contribution requests that are not completed within the deadline will not be considered.

4. The enforcement authority may obtain further relevant information from authorities and institutions.

1. The contribution decision determines the entitlement quota per child and type of care offered, as well as the amount of the deductible.

2. The entitlement quota and deductible are generally established for the duration of one year. In the presence of special circumstances, a different duration may be provided.

3. If the enforcement authority is authorized to make payments to the institution, it shall inform the institution ex officio about the entitlement quota and the amount of the deductible.

1. Significant changes in circumstances include

a) A change in the level of employment by 10% or more;

b) A change in the relevant income by 20% or more;

c) Change of residence;

d) Change in relevant family circumstances.

2. Significant changes in circumstances must be reported to the enforcement authority within 30 days.

3. The contribution assessment will be adjusted at the beginning of the following month.

1. The enforcement agency orders the reimbursement of contributions if it determines that they were received unjustly.

2. Contributions are considered unjustly received, in particular, if obtained through false or incomplete information or other violations of cooperation obligations.

3. The claim for reimbursement is directed against the legal guardians.