Ordinance on the Placement of Foster Children - Municipal Council

1. The Municipal Council is responsible for

a. the granting and revocation of permits for foster children in family care (Art. 316 of the Swiss Civil Code and Art. 4 and 11 of the Ordinance on the Placement of Foster Children dated October 19, 1977, PAVO),

b. receiving notifications regarding the placement of foster children in day care (Art. 12 PAVO),

c. * ...

d. the designation of the supervising person (Art. 10 PAVO),

e. * the supervision of family and day care (Art. 10 and 12 Para. 2 PAVO).

2. The Municipal Council may delegate the fulfillment of its duties, within the framework of Article 2 PAVO, to a department of the municipal administration or to an appropriate body outside the municipal administration. Their decisions are considered, with regard to legal protection, as decisions of the Municipal Council (§ 11 of the Introductory Act to the Swiss Civil Code, EGZGB).

3. ...

1. The Department of Justice and Security is responsible for granting approval for the placement of foster children for the purpose of eventual adoption and for supervising the foster care arrangement.

2. In order to assess the granting of approval, the Department of Justice and Security consults with the municipality of the applicant's residence or suitable experts.

3. For the supervision of the foster care arrangement, it engages a professional guardian at the foster parents' residence or another suitable expert.

4. Municipalities and experts are adequately compensated.

1. The Social and Society Office is responsible for

a. * the issuance and revocation of licenses for operating children's and youth homes, as well as for running daycare centers, after-school care centers, and similar establishments (Art. 13 para. 1 and 20 PAVO),

b. * the supervision of these homes and care services (Art. 19 PAVO),

c. the receipt of notifications and the supervision of service offerings in family care (Art. 2 para. 1b and 20a ff. PAVO).

1. The duties of the supervisory officer are set forth in Article 10 PAVO.

2. The supervisory officer reports to the municipality every two years and immediately addresses it if special measures are necessary.

1. Anyone who takes in more than five minors for the purpose of education, care, training, observation, or treatment during the day and night is subject to the regulations concerning residential care.

2. ...

3. Boarding schools and other schools with overnight accommodations are not considered residential care facilities within the meaning of this ordinance.

1. Furthermore, the PAVO applies to the placement of minors outside the parental home.

2. For homes and home-like institutions that fulfill tasks related to the civil law protection of children, criminal law, disability insurance, and youth assistance, the provisions of the Law on Social Institutions of March 19, 2007, and the special public law provisions apply.

1. The Ordinance on the Admission of Foster Children (Cantonal Foster Children Ordinance) of June 12, 1978, is repealed.

1. The ordinance shall enter into force on January 1, 2002, subject to federal approval. It is to be published.