Ordinance on Child and Adult Protection (KESV) - Branch Offices 1. Composition (KESV)

1. The branches of the Child and Adult Protection Authority consist of the interdisciplinary professional authority, the supporting services, and the secretariat.

2. The professional authority must have expertise in the areas of law and social work. Ideally, it also possesses expertise in the fields of education, psychology, medicine, or business/finance.

3. The supporting services generally possess

a) a legal and/or clarification service;

b) an auditing department.

4. The branches of the Child and Adult Protection Authority may delegate the following tasks, in particular, to the supporting services or the secretariat

a) assessments and consultations;

b) audits concerning the accountability report;

c) inventory recordings;

d) administrative matters.

5. Within the scope of the delegated tasks, the supporting services and the secretariat are authorized to act on behalf of the branches of the Child and Adult Protection Authority.

1. The Branches of the Child and Adult Protection Authority are responsible for the following regions

a) Child and Adult Protection Authority Engadin/Southern Valleys: Regions Bernina, Engiadina Bassa/Val Müstair, and Maloja;

b) Child and Adult Protection Authority Central Grisons/Moesa: Regions Albula, Moesa, and Viamala;

c) Child and Adult Protection Authority Northern Grisons: Regions Imboden, Landquart, and Plessur;

d) Child and Adult Protection Authority Prättigau/Davos: Region Prättigau/Davos;

e) Child and Adult Protection Authority Surselva: Region Surselva.

1. As evidence of the professional competence of the members of the specialized authority, a recognized degree in the tertiary education sector is usually required.

2. A recognized degree is considered to be a Bachelor's level qualification from a university or a teacher training college, university of applied sciences, or an equivalent educational institution in the fields of law, social work, pedagogy, psychology, medicine, or economics/finance.

1. For meetings, file reviews or other activities, the part-time members of the authorities receive compensation per day or, when a fixed or minimum workload is set, a monthly flat rate.

2. The per day compensation ranges between 300 and 500 francs. The department determines the specific rate at the time of selection, taking into account the time commitment and the necessary expertise.

3. In other respects, the provisions of the ordinance for the part-time employees of the Canton of Graubünden apply.

1. The position of the head of the Child and Adult Protection Authority is incompatible with the position of an auxiliary or guardian in the canton.

2. The position of a branch manager or another member of the branch authority is incompatible with the position of an auxiliary or guardian within the jurisdiction of their own branch.

3. The assumption of an auxiliary or guardianship role by a member of the authority requires the approval of the department.

1. The head of the Child and Adult Protection Authority ensures their deputy and the constant availability of the Child and Adult Protection Authority.

1. The Head of the Child and Adult Protection Authority, their Deputy, as well as the Branch Managers together form the Executive Management.

2. The Executive Management supports the Head of the Child and Adult Protection Authority in carrying out the duties in accordance with Article 40 Paragraph 2 of the Introductory Act to the Swiss Civil Code (EGzZGB).

3. In matters of significant importance, the Head of the Child and Adult Protection Authority must consult the Executive Management beforehand.

4. The Head of the Child and Adult Protection Authority regulates the organization of the Executive Management in internal regulations.

1. The powers conferred on the office under cantonal personnel legislation are exercised by the head of the Child and Adult Protection Authority.

1. Members of authorities conducting child hearings must be qualified to do so.

2. If the situation is particularly burdensome for the affected child, the hearing must be conducted by a specially trained professional.

3. As a rule, hearings of children under 16 years of age by the collegiate authority should be avoided.

1. A particularly serious interference with personal rights is considered to include

a) the partial or complete withdrawal of legal capacity;

b) the termination of the right to determine one's residence;

c) the withdrawal of parental custody.

1. Prior to making a decision regarding an expensive child or adult protection measure, the public authority responsible for bearing the costs must be given the opportunity to provide a statement. In cases of imminent danger, it must be given the opportunity to provide a statement retrospectively.

1. Decisions are to be communicated within the operative part or as an excerpt thereof, specifically to

a) the public bodies responsible for public law support, if the decisions incur or could incur costs for them;

b) the resident registration offices, if updating the data in the resident register or electoral register is necessary;

c) the school authorities, if there is a revocation of the right to determine residence or if parental custody is affected;

d) the land registry offices, if the legal capacity of a landowner is restricted;

e) the tax administration, if legal aid has been granted free of charge.

1. Upon the conclusion of a measure, the records must be retained by the Child and Adult Protection Authority for a minimum of ten years.

2. Archivable documents that are suitable for long-term documentation of governmental actions and enable the review of topics in science and research must be archived for at least 50 years.

1. A recognized qualification is generally considered to be a bachelor's degree from a university, teacher education college, university of applied sciences, or an equivalent educational institution.

2. To obtain approval for the employment of suitable individuals who do not possess a recognized qualification, the regions must submit a reasoned application to the head of the Child and Adult Protection Authority.

3. The approval may be temporary and subject to the completion of appropriate training or educational programs or organizational measures.

4. The decision can be appealed to the Department. The procedure is governed by the Administrative Procedure Act.

1. If the professional guardianship does not have the required personnel or an appropriate organization for the correct fulfillment of tasks, the Child and Adult Protection Authority seeks an agreement with the competent regional authority.

2. If no agreement is reached, the Child and Adult Protection Authority may submit a substantiated request to the department for the appointment of a professional guardian, provided there is a discrepancy between the actual and the required personnel.

1. The branch office issues the necessary instructions for the management of guardianships and custodianships, particularly regarding the inventory recording, the nature and extent of accounting, and the submission of reports.

1. The inventory includes the assets and liabilities to be managed. These must be specified precisely and estimated as necessary.

2. The instructing authority member can delegate the preparation of the inventory to the supporting service in collaboration with the advisor or guardian. Subsequently, they must review and approve the inventory.

1. If the instructing authority member orders a public inventory, they may appoint a notary to establish it.

2. The inventory shall generally be drawn up in cooperation with the custodian or the guardian.

1. Scope of Representation Assistance for Asset Management: If the representation assistance for asset management also includes income, the Child and Adult Protection Authority may require the submission of a budget.

1. The accountability report includes the reporting and, if applicable, the statement of accounts.

2. The statement of accounts includes

a) an overview of the current asset status;

b) the changes in assets in terms of inventory and investment;

c) all income and expenses during the accounting period.

3. Income and expenses must be evidenced with documentation.

4. During the submission of accounts, all supporting documents and asset statements must be presented.

5. The financial statement must be signed by the mandate holder.

6. Upon request, the represented individual is to be granted access to the statement of accounts and the supporting documents.

1. The account and the report must be submitted to the branch office within two months after the end of the accounting and reporting period. The branch office may shorten or extend this deadline.

2. If the account and report are not submitted within the deadline, the Child and Adult Protection Authority may set an appropriate extension. If this extension also lapses unused, the Authority may have the account prepared by a qualified third party at the expense of the guardian or custodian and carry out further enforcement actions. The same applies to inadequate submission of accounts.

3. The provisions of paragraph 1 and paragraph 2 apply analogously to the final account and final report.

1. Physicians in Primary Care shall be considered those who possess the following specialist or advanced training titles

a) General Internal Medicine;

b) General Practitioner;

c) Pediatrics and Adolescent Medicine.

1. In institutions with medical management, the duties of the on-duty chief physicians or their deputies include

a) the detention of voluntarily admitted individuals (Art. 427 para. 1 Swiss Civil Code);

b) the discharge (Art. 428 para. 2 Swiss Civil Code, Art. 429 para. 3 Swiss Civil Code, and Art. 53 para. 1 Introductory Act to the Swiss Civil Code);

c) the application for the continuation of the measure (Art. 51a Introductory Act to the Swiss Civil Code);

d) the application for discharge (Art. 53 para. 2 Introductory Act to the Swiss Civil Code);

e) the ordering of measures that restrict freedom of movement (Art. 438 Swiss Civil Code).

2. In institutions without medical management, the responsibilities according to paragraph 1 fall under the leadership of the nursing or supervisory staff or their deputies. The attending physician must be involved.

1. In the placement decision, the affected person must be informed of the right to involve a confidant in accordance with Article 432 of the Swiss Civil Code.

1. The procedural costs consist of

a) the decision fee;

b) any third-party costs such as costs for expert opinions, external inquiries, child representation;

c) fees for the preparation and communication of the decision;

d) the disbursements.

1. The decision fee is determined by the complexity and difficulty of the case, as well as by the interest and financial circumstances of the person liable for the costs.

2. The decision fee in proceedings before the Child and Adult Protection Authority is as follows

a) for decisions by the collegiate authority: CHF 500 to CHF 30,000

b) for decisions within the individual competence of a member of the authority: CHF 100 to CHF 10,000

3. In proceedings that cause particularly large expenses, a decision fee of up to 100,000 Swiss Francs may be charged.

1. In child protection proceedings and in proceedings concerning personal contact, parental custody, or maintenance, the costs are generally imposed on the parents equally, each bearing half. In the presence of special circumstances, a different allocation of costs may be ordered.

1. Special circumstances justifying the partial or complete waiver of the collection of procedural costs may particularly exist in cases of

a) Refraining from ordering a measure;

b) Child protection measures, provided that the taxable net assets of the parents are below the exemption threshold of 50,000 Swiss francs, or for single individuals, below the threshold of 30,000 Swiss francs;

c) Individuals who can demonstrably rely on public social assistance;

d) Adult protection measures, provided that the collection of procedural costs would result in asset thresholds specified in the implementing provisions of the Support Act being undercut.

2. The financial circumstances must be disclosed to the Child and Adult Protection Authority by the affected person, the parents, the custodial parent, or the parent obliged to pay maintenance.

1. Costs of Measure Execution Include

a) Compensation and expenses for guardians;

b) Costs of protective custody and child protection accommodation;

c) Repatriation costs during protective custody;

d) Accommodation costs during assessment;

e) Costs of outpatient child and adult protection measures.

1. The compensation for managing guardianships and conservatorships is determined based on the time required to properly fulfill the tasks, as well as the personal circumstances of the affected person.

2. The branch office may stipulate a cost ceiling in its decision.

3. The branch office generally determines the specific compensation and reimbursement of expenses for the guardian upon application when approving the report of accounts.

1. Compensation is provided on an hourly basis. This amounts to between 90 and 120 francs and is determined by the Child and Adult Protection Authority.

2. Compensation for adult protection generally amounts to between 500 and 10,000 francs per year. In extraordinary cases, the upper limit of 10,000 francs may be exceeded.

3. Compensation for child protection is usually provided as a flat rate. This amounts to between 500 and 5,000 francs per year and can be appropriately increased if there is special demand, but not more than doubled.

4. The compensation constitutes a contribution to the operating costs of professional guardianship.

**1. Private Guardians and Custodians are generally compensated with a lump sum.**

2. The annual compensation lump sum ranges between 500 and 5000 francs. In cases of special demands, it may be reasonably increased, but may not exceed double the amount.

3. For extraordinary tasks, a compensation based on effort may be determined. The hourly rate is 30 francs.

4. If the guardianship requires the appointment of a professional, they may be compensated for specific professional tasks at the usual hourly rate of the corresponding professional tariff.

1. Expenses will be reimbursed, provided they are documented and were necessary.

2. A flat-rate reimbursement for expenses can be agreed in advance with the branch office.

1. The collection of compensation and reimbursement of expenses for professional guardians is the responsibility of the governing body of the respective professional guardianship.

1. The Child and Adult Protection Authority generally advances the compensation and expenses reimbursement of private custodians and guardians.

2. If the Child and Adult Protection Authority advances the compensation and expenses reimbursement, the right to reimbursement is transferred to it.

3. The financial administration is responsible for the collection of compensation and expenses reimbursement from private custodians and guardians.

1. The Child and Adult Protection Authority maintains a register of lodged advance directives and stores them in a suitable location.

2. The individuals lodging the directives are informed about the effect of lodging.

1. Should the advance care directive not specify the remuneration, the compensation of the appointed person shall be determined by the remuneration and expense reimbursement of private guardians.

1. Fees for the following actions are levied as follows

a) Issuance of certificates of legal capacity: Fr. 40.-

b) Certificates of legal effect: Fr. 20.-

c) Certificate of statutory representation authority: Fr. 40.-

d) Acceptance of declaration of joint parental responsibility at the branch of the Child and Adult Protection Authority: Fr. 30.-

e) Certificate of parental responsibility at the request of a parent: Fr. 30.-

f) Deposit of a living will: Fr. 100.-

1. The government executes the supervisory tasks through the department. The general supervision of the Child and Adult Protection Authority in administrative, organizational, and professional respects includes, in particular

a) monitoring compliance with the law and uniform application of the law;

b) reviewing the education and training of the authority members.

2. To exercise supervision over the Child and Adult Protection Authority, the department utilizes the following instruments in particular

a) conducting inspections;

b) reviewing dossiers.

3. The department intervenes against unlawful or improper conditions either ex officio or upon complaint. It may, in particular

a) urge the Child and Adult Protection Authority to fulfill its duties, if necessary, by setting a deadline;

b) order or initiate personnel measures against the responsible authority member in case of culpable breach of duty.

1. The department maintains regular professional exchanges with the Supreme Court.