4 Education - Science - Culture - Environment - 40 Preschool Education - 400 Early Childhood Care Facilities - Chapter One General Provisions (GBK)

[1] The purpose of this law is to

a) Develop out-of-home care for children from birth until the end of the second school cycle;

b) Ensure the quality and universality of out-of-home care;

c) Encourage the development of out-of-home care for children with specific needs and the care of sick children;

d) Encourage the development of daytime family care;

e) Encourage the development of preschool and after-school care, in such a way as to achieve a cantonal coverage rate of at least 35% for preschool care and at least 35% for after-school care;

f) Regulate the modes of funding for child care by the State, municipalities, employers, and legal representatives.

This law applies to all non-profit extrafamilial care structures, whether public or private, that

a) are authorized to operate pursuant to federal legislation on the placement of children outside the family environment;

b) are open to all children without discrimination, provided they are equipped to offer appropriate supervision;

c) receive subsidies as per this law.

[2] In this law, the following terms are defined as

a) preschool childcare facilities: institutions that care for children from birth until they begin schooling;

b) after-school childcare facilities: institutions that care for children from the start of schooling until the end of secondary education, outside of school hours;

c) family day care structures: organizations that coordinate family day care;

d) coverage rate: the number of childcare places available per 100 children for the relevant age group;

e) gross cost price: the total recognized daily operating expenses acknowledged by the authority; serving as the maximum cantonal reference;

f) billing reference price: the basis for determining the legal representatives' contribution to the cost of care;

g) repealed;

h) cost price of family day care structures: the total recognized daily operating expenses acknowledged by the authority, reduced by the contribution from the fund for extrafamilial childcare structures.

[3] 1 The State supports the creation and development of extra-family care structures.

2. It coordinates and supports the actions of the municipalities and ensures compliance with the objectives of this law.

The State subsidizes extrafamilial care facilities.

The gross cost prices and the invoicing reference prices for preschool care and for extracurricular care are set by the Council of State, after consultation with the Intercommunal Advisory Council on Extrafamilial Care Structures.

[4] The State Council is competent to take all necessary measures for the execution of the present law that are not assigned to another authority.

2. It may support pilot projects for all-day schools.

3. It may support the extension of opening hours of a preschool or extracurricular care facility, enabling parents to better reconcile family and professional life.

The department designated by the Council of State (hereinafter: the department) is responsible for the implementation of this law and its implementing provisions.

[5] 1 The Adult and Youth Protection Service (hereinafter: the service) is the operational body of the department; it is the authority within the meaning of this Act.

2. The service may issue directives.

1. Municipalities shall undertake the tasks assigned to them by this law.

2. To this end, they may merge.

Each municipality ensures the achievement of coverage rates within its territory or that of the group of municipalities in which it participates.

1. The Council of State appoints an Intercommunal Advisory Council for Extrafamilial Care Structures (hereinafter: CISA) at the beginning of each legislative term.

2. The CISA is composed of seven members and seven substitute members, appointed from among the members of the communal councils, upon proposal by the communes.

3. It constitutes and organizes itself.

[6] 1 The CISA is tasked with

a) serving as the point of contact for municipalities with the Council of State regarding out-of-family childcare;

b) providing its opinion on the cantonal scale related to preschool and after-school care;

c) providing preliminary opinions on the gross cost prices and the reference billing prices;

d) providing preliminary opinions on modifications to the standards provided for in articles 25 and following;

e) issuing a reference salary grid for staff in out-of-family childcare facilities, determining the minimum and maximum salaries by professional category.

2. It is consulted, as needed, on any matter related to the field of out-of-family childcare.

**[7] 1 Employers shall pay a contribution amounting to no more than 0.18 percent of the contributory salaries according to the Federal Act on Old-Age and Survivors Insurance (OASI), dated 20 December 1946 [8].**

2. The contribution is determined annually by the State Council.

3. It is paid into the fund for out-of-family care structures (hereinafter: the fund).

[9] The contribution is owed by the employers subject to the Federal Act on Family Allowances (FamA), of March 24, 2006 [10], or to the Federal Act on Family Allowances in Agriculture (AgriFamA), of June 20, 1952 [11].

[12] 1 The contribution is collected by the family allowance compensation funds as defined by the Act introducing the Federal Act on Family Allowances (LILAFam), dated September 3, 2008 [13] (hereinafter: the compensation funds).

2. The Council of State regulates the procedures for the collection and transfer to the fund of the levied amounts, as well as the compensation of the compensation funds.

The compensation funds shall have the authority to

a) make decisions regarding contributions;

b) issue summons to employers who do not fulfill the prescribed obligations;

c) proceed with the recovery of the contribution;

d) adopt ex officio tax decisions when an employer liable to pay the contribution neglects, after a summons, to provide the necessary information for its calculation.

The employer is obligated to provide, upon request from the compensation funds, all necessary information particularly for the determination and collection of the contribution.

Decisions by compensation funds setting the amount of the contribution due by employers, once finalized, shall constitute enforceable orders within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy (LP) of April 11, 1889 [14].

[15] Employer Liability for Damage

The employer's liability for damage caused is governed by Article 52 of the Federal Law on Old-Age and Survivors Insurance (LAVS) of December 20, 1946, which applies by analogy.

1. Employers who voluntarily fund one or more out-of-family care places shall see their contribution to the fund for out-of-family care facilities reduced.

2. The State Council decides on the amount of the reduction upon the proposal of the management board of the fund for out-of-family care facilities.

[16] 1 The participation of legal representatives in the costs of out-of-family care is determined according to their contributory capacity.

2. It is calculated by the child's commune of domicile based on the cantonal scale set by the Council of State for each type of care.

3. The Council of State establishes the terms of participation for the legal representatives.

4. For legal representatives domiciled outside the canton, participation in the costs of out-of-family care is set at the gross cost price.

Subsidized out-of-family care facilities accept children residing in all municipalities of the canton.

[17] 1. Subsidization within the meaning of this law may be refused by the competent municipal and/or cantonal authority if the request is not demonstrated.

2. These new out-of-family care places do not have a right to obtain these subsidies.

3. These subsidies are financial aids within the meaning of Article 3, paragraph 1, letter b, of the Law on Subsidies (LSub), dated February 1, 1999 [18].

[19] 1 Subsidized extracurricular care facilities charge the municipalities and the legal representatives for the cost of care for which they are responsible.

2. They charge the municipality of the child's legal residence the reference billing price minus the contribution from the legal representatives.

3. Every two years, the fund for extracurricular care facilities provides legal representatives with information on the share of the state and employers in the costs of extracurricular care.

[20] 1 80% of the costs related to preschool and after-school extrafamilial care are distributed among the municipalities.

2. The distribution is based half on the number of inhabitants per municipality and half on the number of invoiced days of extrafamilial care per municipality.

3. The data from the extrafamilial care management information platform (ETIC-AEF) are decisive in determining the amount of municipal charges related to preschool and after-school extrafamilial care.

4. The accounting for year n is established based on data from year n-2.

5. The population considered corresponds to the resident population according to the cantonal census of year n-2. The number of inhabitants per municipality considered is reduced by 500.

6. The service calculates the distribution each year.

1. The environment of the out-of-family care facility and its organization in space, including the layout and equipment of the buildings, must match its objectives.

2. Out-of-family care facilities shall take all necessary measures to ensure the safety of the children.

3. The authority may establish specific safety measures for each facility.

1. Space, lighting, and equipment must be adequate to allow children to move around, parents to be welcomed, and staff to work.

2. Each child must have the benefit of at least three square meters of indoor space.

Before any use, all premises of the out-of-family childcare facility are subject to authorization by the competent municipal and cantonal authorities.

[21] 1 Children must be supervised according to the following adult-to-child ratio based on age groups

a) at least one adult for every 4 children up to 18 months old;

b) at least one adult for every 6 children from 19 to 36 months old;

c) at least one adult for every 8 children from 37 months old until entering the first school cycle;

d) at least one adult for every 12 children up to the end of the 4th school year;

e) at least one adult for every 15 children from the 5th school year onwards.

2. The management of the out-of-home childcare facility must ensure that the supervision of children is adapted to their age and autonomy, depending on the activities offered.

[22] 1 For preschool and out-of-school care facilities, at least two-thirds of the full-time equivalent staff working with the children must have training recognized by the authority. This ratio must be consistently maintained with the children.

2. For preschool and out-of-school care facilities, the director must have specific training from a recognized school.

3. Repealed.

1. If the circumstances justify it, the cantonal authority may grant exceptions concerning the designated interior space.

2. If the circumstances justify it, the cantonal authority may also grant exceptions concerning the supervision ratio; however, these are strictly limited in time.

1. A fund is established for out-of-family care facilities.

2. This fund does not have legal personality.

3. It is subject to the supervision of the Council of State.

The fund aims to

b) encourage the creation of new out-of-family care places.

The resources of the fund come from state subsidies and contributions paid by employers.

State subsidies, in the form of compensations as per Article 3, paragraph 1, letter a, of the Subsidies Act (LSub), dated February 1, 1999, correspond to the fund's contribution after deduction of the employers' contribution.

Employer Contributions are Defined in Articles 14 and Following of this Law.

A management board manages the fund.

1. At the beginning of each legislative session, the Council of State appoints the Management Council, upon the proposal of the municipalities and the employers.

2. The Management Council is composed of seven members representing

c) employers (four persons including one representing institutional employers).

1. The Management Council constitutes and organizes itself.

2. In exercising its competencies, it relies on the administrative resources of the department.

The Management Council exercises the following powers

a) collect amounts owed to the fund;

b) make disbursements charged to the fund;

c) annually propose to the Council of State the rate of the contribution to be charged to employers, based on projected and planned expenditures;

d) propose to the Council of State a reduction in the employers' contribution to the fund for out-of-family care structures;

e) prepare an annual management report for the Council of State.

[23] 1. The financing of out-of-family care facilities is provided by the fund, per occupied place, as follows

a) 28% of the gross cost price for places occupied by preschool-aged children;

b) 24% of the gross cost price for places occupied by school-aged children up to the end of the 8th year.

2. The indexation of the gross cost prices is set by the Council of State, to the CPI (base January 2024).

3. The fund's contribution is paid directly to the care facilities.

4. The additional costs related to the pilot projects for all-day schools, as defined in Article 7, paragraph 2, are financed by the fund.

Anyone who contravenes the provisions of this law or its implementing provisions, notably

a) anyone who evades or attempts to evade the payment of the contribution;

b) anyone who opposes the prescribed control for ensuring the application of this law or obstructs it;

c) anyone who, being required to provide information, knowingly provides false or incomplete information or refuses to provide it shall be punished by a fine of up to 40,000 francs.

1. Decisions of the service may be appealed to the department.

2. Decisions of the department may be appealed to the Cantonal Court.

Decisions of the municipalities may be appealed to the Cantonal Court.

1. Decisions of the compensation funds may be appealed to the department.

2. Decisions of the department may be appealed to the Cantonal Court.

1. Decisions of the Management Board may be appealed to the Department.

2. Decisions of the Department may be appealed to the Cantonal Court.

Appeal Procedures are governed by the Administrative Procedure Act (APA), of March 18, 2025 [24].

1. Municipalities or groups of municipalities shall ensure the achievement of the coverage rates provided by this law within four years of its entry into force.

2. By December 31, 2012, municipalities must offer at least a number of places corresponding to a coverage rate of 25% for preschool care and 8% for out-of-school care.

3. The Council of State ensures that municipalities comply with this planning; if necessary, it takes the required measures.

4. To this end, it relies on CISA.

[25] 1 To achieve the coverage rates set by law, the Management Board establishes an incentive program aimed at encouraging the creation of new out-of-home childcare places.

2. The program consists of providing out-of-home childcare facilities with a flat-rate sum for the creation of each new out-of-home childcare place.

3. The amounts paid by the fund for this purpose are as follows

a) in the extracurricular field for the first school cycle: 1,000 francs for each new place created between January 1, 2015, and December 31, 2020;

b) in the extracurricular field for the second school cycle: 500 francs for each new place created between January 1, 2015, and December 31, 2020.

4. The incentive program is funded by the fund for out-of-home childcare structures.

Subsidized extrafamilial care facilities at the time of the law's entry into force are considered to meet the conditions stipulated therein to qualify for subsidies.

The Law on Childcare Facilities for Young Children, dated February 6, 2001 [26], is repealed.

[27] 1 The State Council establishes the entry into force of this law.

2. It provides, if necessary, for its promulgation and execution.

3. Repealed.

4. Repealed.

The law, as amended by the decree of March 30, 2011 (FO 2011 No. 14), was accepted in a popular vote on June 19, 2011, with 27,012 votes in favor and 9,043 against.

Law promulgated by the State Council on July 6, 2011.

The entry into force is set to take effect on January 1, 2012.