CH-NE
4 Education - Science - Culture - Environment - 40 Preschool Education - 400 Early Childhood Care Facilities - CHAPTER ONE General Provisions (REGAE)
Table of Provisions (74)
Statutory Text (74 Articles)
1. This regulation ensures the protection of minors placed in private homes or institutions.
2. It is an implementing regulation of the federal ordinance on the placement of children (OPE).
3. It is an implementing regulation of the law on child care (LAE).
4. It aligns with the objectives and principles of the Convention on the Rights of the Child (CRC) of November 20, 1989.
The department in charge of the protection of minors exercises general oversight over the care of children outside the family environment.
1. The Adult and Youth Protection Service (hereinafter: the service) is the executing body of the department.
2. It is also the competent authority within the meaning of the OPE.
3. It supports and advises the care facilities.
Definitions
a) Day Foster Parent (DFP): A person who offers one or more daycare places at their residence;
b) Preschool Care Facility: A facility that cares for children from birth until they enter compulsory schooling, on a daily basis;
c) Extracurricular Care Facility for First School Cycle: A facility that cares for children from the 1st to the 4th year of compulsory schooling, outside school hours, on a daily basis;
d) Extracurricular Care Facility for Second School Cycle: A facility that cares for children from the 5th to the 8th year of compulsory schooling, outside school hours, on a daily basis;
e) Workshop: A facility that offers partial childcare during the day and does not include a midday meal;
f) Private School: An institution that cares for children during the day and provides teaching as a substitute for compulsory schooling. It may also offer extracurricular activities;
g) Foster Family: A person or couple who takes in one or more children for the day and night, ensuring their education and all the care they need;
h) Specialized Educational Institution (SEI): An institution that cares for children for the day and night, ensuring their education and all the care they need.
1. The term "out-of-home care structure" (OOHCS) refers to the facilities defined in letters b, c, and d of Article 4.
2. A "multi-site OOHCS" refers to an OOHCS composed of two or more geographically distant sites, all under the governance of a single management team.
2. Definition of Day Family Care Organism
A day family care organism refers to an entity coordinating the activities of the PAJ defined in Article 4, letter a.
1. Subject to Article 8, the reception facilities defined in Article 4 are subject to authorization.
2. No child may be admitted before authorization is granted by the service.
**1. The following reception facilities are not subject to authorization:**
a) public utility organizations subject to supervision by another authority;
b) reception facilities offering occasional care conditioned upon the presence of parents in the building or in the immediate vicinity of their child, such as childcare in shopping centers and fitness centers;
c) any other childcare facility not corresponding to the definitions of Article 4.
**2. Reception facilities not subject to authorization, within the meaning of this regulation, are required to take all useful and necessary measures to respect and protect the child.**
1. All reception areas defined in Article 4 are subject to surveillance conducted by the service.
2. The reception areas referred to in Article 8, letters b and c, may be subject to special surveillance by the service if circumstances require it.
3. Surveillance is carried out in accordance with the OPE.
1. The environment of reception areas and their spatial arrangement, including the layout and equipment of the buildings, must correspond to the type of care provided.
2. Reception areas must have spaces that promote the physical and psychological development of children, including zones dedicated to educational activities, socialization, and rest, tailored to each age group.
3. The space, light, and equipment must be sufficient to allow children to develop, parents to be welcomed, and staff to work.
4. For children under three years of age, a separate resting area must be arranged.
5. The staff must have a separate area from the space reserved for children.
1. Reception areas must have an interior space equivalent to at least 3 m² per reception place.
2. Furniture, laundry room, kitchen, staff and management reserved area, sanitary facilities, children's rest area, stroller storage, changing rooms, corridors, basement, cellars, and other passage areas are not taken into account in the calculation of the interior space.
1. Reception sites shall take all necessary measures to ensure the safety of children.
2. The service may establish security measures specific to each reception site.
Reception facilities must promote the development of their staff's professional skills related to reception and child psychology, particularly through continuous training.
1. Locations subjected to surveillance by the service must provide the necessary data for verifying the good reputation of all individuals responsible for childcare, through the extract 2 of the criminal record for authorities (hereinafter referred to as: extract 2), and for all adults residing in the concerned household, through the extract intended for private individuals (hereinafter referred to as: ordinary extract), as defined by the OPE.
2. The procedures for verifying extract 2 and ordinary extracts are determined by a directive from the service.
3. If circumstances require, the service may request any person in contact with children at a childcare facility to provide the necessary data for the verification of the ordinary extract.
A balanced diet, suitable for the age and development of the child, must be offered, especially by prioritizing sustainable food choices, to the extent possible, using local, seasonal, and organic products.
During renovations, transformations, or new constructions, reception areas shall pay particular attention to the recommendations listed in Appendix G of SIA Standard 181 of the Swiss Society of Engineers and Architects, in accordance with Article 32 of the Ordinance on Noise Protection (ONP), dated December 15, 1986 [7].
Journeys between the school and the reception site must be accompanied by at least one adult for every 12 children until the end of the 3rd school year.
1. Children must be supervised according to the following supervision ratios
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 up to the start of 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. When children from different age groups are combined, the supervision ratio is determined based on the number of children in each age category.
3. The on-site staff must always correspond to the supervision ratio.
4. Interns and apprentices are not considered in determining the child supervision ratio.
5. The management of the childcare facility must ensure that the supervision of children is adapted to their age and independence according to the activities offered.
The list of recognized training programs for all staff of authorized reception facilities is published by service directive.
1. If the circumstances justify it, the service may grant exemptions related to the provided interior space, the staff-to-child ratio, or the number of children admitted.
2. The exemptions are strictly limited in time.
1. The STAE shall develop an institutional concept, the content of which shall be validated by the department.
2. The institutional concept must be reassessed at least every 4 years.
1. For the STAE, in full-time equivalent, at least two-thirds of the staff working with children must hold a childhood educator diploma (ES), a federal certificate of competence as a socio-educational assistant (ASE), or a recognized qualification, in accordance with Article 20.
2. This proportion must be permanently maintained among the children.
The individual responsible for the management of an STAE must hold a qualification in childhood institution management (DIE) or a recognized title in accordance with Article 20.
1. The minimum level of activity for management within the management team is determined by a service directive.
2. It must be adhered to for each STAE and at each site of multi-site STAE.
1. When the minimum management activity rate exceeds 100%, the person in charge of management must be assisted by one or more deputy directors or one or more site managers.
2. Subject to Article 24, the members of the management team must hold a site manager certificate from a child care institution (ES diploma), or a title recognized in accordance with Article 20.
Persons Assisting Juveniles must be adults and have no criminal record inconsistent with the care of children.
Child Daycare Centers (CDCs) can simultaneously accommodate up to 5 children aged 0 to 12 years, including their own, with a maximum of 3 non-school-aged children.
1. Private schools develop an institutional concept tailored to the needs of the children they accommodate.
2. This concept covers all activities of the private school, except for those under the supervision of another authority, particularly educational authorities.
For private schools, in full-time equivalent, at least two-thirds of the staff working with the children must hold a recognized diploma, in accordance with Article 20. This proportion must be maintained at all times with the children.
1. The person in charge of the management of the private school must have training related to childhood and the activity offered.
2. In situations where the activity of the private school can be associated with the definitions of preschool care structures (Article 4 letter b) or extracurricular care (Article 4 letters c and d), the provisions of Articles 24, 25, and 26 apply by analogy.
The workshops develop an institutional concept tailored to the needs of the children who are welcomed there.
Provisions Regarding the Training of Management Staff in STAE
The provisions concerning the training of management staff in the STAE, in accordance with Article 23, apply by analogy to the training of management staff in workshops, including the direction.
Foster families may simultaneously accommodate up to 5 minor children, including their own, with a maximum of 3 who are not enrolled in school.
Upon request by the migration service, the agency conducts an assessment of the family likely to host a child of foreign nationality for reasons other than adoption.
Applications for authorization are submitted to the service using the designated forms.
The service conducts a site visit before issuing or renewing an authorization.
1 The authorization is issued in the name of
a) the designated foster family member(s);
b) the person in charge of managing the care facility;
c) the day foster parent;
d) the members of the management team for STAE where the minimum management rate exceeds 100%.
2. The responsible organization is informed.
The authorization is valid for a period of 4 years, renewable.
**Places of Reception Subject to Authorization**
Places of reception that are subject to authorization must, without delay, communicate to the service any modification or event that affects the conditions of authorization.
If the situation requires, the service reserves the right to revoke the authorization, in accordance with Article 1a of the OPE.
The authorization is visibly posted in the reception areas.
The service may prohibit the care of children by third parties both at the home and outside the home of the parents when the conditions of care present manifest deficiencies or when the personal qualities, educational abilities, or health condition of the person called upon to look after the child are manifestly incompatible with this task.
### 1. To be subsidized, the STAE (Extracurricular Care Structures) must meet the following cumulative general conditions
a) Obtain the opinion of the commune or grouping of communes within whose territory the STAE operates;
b) Obtain the agreement of the service, in the cases mentioned in Article 23, paragraph 1 of the LAE (Law on Extracurricular Activities);
c) Apply for federal subsidies in accordance with the ordinance on federal financial aids;
d) Implement an accounting plan approved by the service;
e) Use the electronic platform for managing extracurricular care (ETIC-AEF);
f) Apply the service directive regarding the salary scale set forth by the intercommunal advisory council of extracurricular care structures (CISA);
g) Grant a non-attendance rate (THPE) of 5% to the supervisory staff, except for replacement staff.
### 2. The STAE must train apprentices, subject to the conditions set by the federal ordinance on the initial vocational training of ASE (Specialist in Sociocultural Animation) and by the competent cantonal authority.
1 The need for preschool daycare spaces is demonstrated in accordance with Article 23, paragraph 1 of the LAE when the current provision is unable to meet the needs expressed according to the ETIC-AEF waiting list, and it is confirmed and justified by the municipality.
To be eligible for subsidies, preschool care facilities must accommodate children for at least 11 hours per working day, for a minimum of 240 days per calendar year.
1 For full subsidization, after-school care facilities for the first cycle of schooling must accommodate children for at least 11 hours on working days, for at least 225 days per calendar year.
1 To be fully subsidized, after-school care facilities for the 2nd school cycle must accommodate children for at least 7 hours per working day, for at least 195 days per calendar year.
2. If the care is provided for less than 7 hours per day and/or less than 195 days per calendar year, the subsidy is proportionally reduced.
Upon a justified and motivated request from a STAE, the service may fund an additional hour of daily opening.
The provisions of Articles 44 to 48 are applicable in the event of a change in the capacity of an STAE.
The subsidization of the DAJs defined in Article 4, letter a, is granted through a day family care organization, as defined in Article 6.
To be subsidized, the PAJ must meet the following cumulative general conditions
a) be affiliated with a day family hosting organization, in accordance with Article 6;
b) through the day family hosting organization, have obtained the notice from the municipality on whose territory the PAJ carries out its activity;
c) through the day family hosting organization, have obtained the agreement of the service, in the cases mentioned in Article 23, paragraph 1 LAE.
The provisions concerning the definition of the need for childcare places in Article 45 apply by analogy to the definition of the need for childcare places by PCs.
The gross cost prices correspond, per day, to
c) 82 francs for extracurricular care for the 2nd school cycle.
The reference billing prices correspond, per day, to
c) 76% of the gross cost price for after-school care for the 2nd school cycle.
The billing rates for care by PAJs correspond, per day, to
c) 50 francs for after-school care during the 2nd school cycle.
1. Each compensation fund organizes the collection of the contribution.
2. The amounts collected are regularly transferred to the fund for extrafamilial care facilities (hereinafter referred to as the "fund"), within three months following collection, after deduction of administrative expenses.
1. The contribution to the fund is reduced by 80% of the amount allocated by the employer to finance the annual operating costs of one or more childcare places in the canton.
2. The reduction of the contribution to the fund cannot exceed 100% of said contribution.
3. The request for reduction is submitted to the fund management board accompanied by supporting documents.
1. Each fund sends the annual management report to the fund, specifically addressing the amount of contributions collected and the status of disputes.
2. It attaches to this report the certificate of compliance issued by its auditing body.
Funds receive a flat-rate remuneration amounting to 3% of the invoiced amounts for their tasks.
1. The fund and the coffers collaborate in the application of legal and regulatory provisions.
2. They may establish a liaison body.
The compensation of the management board members of the fund is the subject of a specific decree.
1. The fund disburses subsidies twice a year, during the first and fourth quarters.
2. The disbursement for the fourth quarter is conditional upon the validation of the previous year's accounts by the service and may be used to adjust the related subsidies if compensation is necessary.
3. The claim for reimbursement is prescribed by 5 years.
1. The fund covers the additional costs related to accommodating children with special needs in the STAE.
2. The STAE must develop an individualized plan for each child with special needs, detailing the measures taken for their well-being and integration.
3. The plan must be approved by the service.
1. Subsidized caregiving facilities within the meaning of this regulation invoice the cost of non-family care based on the reference billing price.
2. Billing is carried out using ETIC-AEF.
3. It is addressed to the legal representatives of the children received as well as to their municipality of residence.
4. It is established monthly, regardless of the actual occupancy of the reserved place.
5. No additional billing beyond the cost of care is permitted.
1. Depending on the child's attendance, the cost of out-of-family care is calculated based on applicable percentages of the reference billing price.
2. For preschool, the following percentages are defined (in accordance with annex 1)
e) hourly rate, 17%.
3. For afterschool care, the following percentages are defined (in accordance with annex 2)
e) hourly rate, 17%.
4. The cost of any other hourly combination for afterschool care is obtained by adding the percentages of the following basic time blocks (in accordance with annex 2)
e) afternoon block after school, rate at 30%.
5. The total percentage billed for the care of a child in one day cannot exceed 100%.
1 The contributory capacity of the legal representatives is determined by the child's municipality of residence based on figure 2.6 of the most recent tax assessment.
2. When figure 2.6 of the tax assessment cannot be obtained or when justified by circumstances, the municipality may consider other components of the legal representatives' income to determine the contributory capacity.
3. The administrative and tax authorities of the canton are obligated to provide the competent municipal service with all the necessary information for the application of this regulation.
4. CISA is competent to harmonize practices related to determining contributory capacity among the municipalities and may issue directives in this regard.
1. Legal Representatives' Contribution Rate to the Cost of Extrafamilial Care
The contribution rate of legal representatives to the cost of extrafamilial care is calculated using the following exponential formula
where
- 0.115 corresponds to the minimum contribution of 11.5% of the reference price payable by the legal representatives;
- e is a constant corresponding to the base of the natural logarithm (e = 2.718...);
- 1.32 corresponds to the coefficient determining the exponential curve;
- cc corresponds to the contributory capacity of the legal representatives.
2. The contribution rate of legal representatives cannot exceed 100%.
1. The Contribution Rate of Legal Representatives is Reviewed when their Contributory Capacity Deviates by More or Less than 10% from that Determinative for their Contribution Rate or if Circumstances Require it.
2. Legal Representatives are Required to Immediately Report to the Municipality any Modification in their Contributory Capacity.
1 When multiple children from the same sibling group are accommodated in a subsidized non-family care facility, a sibling discount is granted as follows
d) 90% off the bill for the 5th child accommodated.
The municipality of the child's domicile bears the cost of care not charged to the legal representatives.
1. The STAE and the daytime family hosting organization shall submit their accounts by the date set by the service.
2. The service shall determine the presentation and content of the accounts through directives.
1 If the supervision stipulated in Article 9 leads to a dispute or requires special services, exemptions, or other inspections that are not conducted automatically and result in an additional workload exceeding the scope of ordinary inspections, the authority may charge a fee ranging from 250 to 10,000 francs.
This regulation repeals the General Regulation on the Reception of Children (REGAE) of December 5, 2011 [8].
1 On a written request from the management of the host site justifying the difficulty in recruiting personnel, the service may deviate from the supervision rules outlined in Articles 19 and 44, letter g. The derogation is limited to July 31, 2026.
2. The provisions of Article 44, letter f, concerning the application of the salary grid may be implemented until October 31, 2025, provided they are retroactive to the entry into force of the present regulation, according to Article 76.
Art. 76 1 The present regulation enters into force on August 1, 2025.
2. It will be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.