Implementing provisions to the Law on Children and Adoption - Jurisdiction of the President of the Cantonal Court

1. In all cases where the Swiss Civil Code assigns a decision, the ordering of a measure, or the issuance of a ruling to the judge and no other person is designated in these implementing provisions, the President of the Cantonal Court is responsible; specifically in the following cases

a. Contestation of the presumption of paternity of the husband (Art. 256, 258);

b. Contestation of recognition (Art. 259, para. 2 and 3, 260a);

c. Paternity suit (Art. 261 et seq.);

d. Maintenance suit (Art. 279 to 286);

e. Claims of the unmarried mother (Art. 295).

2. If a proceeding is pending, the president of the court with jurisdiction over the main matter shall decide.

1. The Cantonal Court adjudicates the following claim

a. Contestation of Adoption (Art. 269 and 269a).

1. The Municipal Council of the Place of Residence or Hometown is responsible in the following cases

a. Action for contestation of paternity recognition in the case of married parents (Art. 259 para. 2 no. 3);

b. Action for contestation of paternity recognition in the case of unmarried parents (Art. 260a);

c. Contestation of adoption (Art. 269a).

2. The Municipal Council of the Place of Residence is responsible

a. Defendant in paternity proceedings (Art. 261 para. 2).

3. The Municipal Council at the location where the minor is placed is responsible for

a. Art. 316 para. 1: Authorization and supervision of family care (Art. 4 and 11 of the Ordinance on the Admission of Children for Care and Adoption of October 19, 1977; PAVO; SR 211.222.338), day care (Art. 12 PAVO), and day nurseries and day-care centers where more than five children under twelve years of age are regularly admitted (Art. 13 para. 1 lit. b and Art. 20 PAVO). The supervision of the day care is governed by the provisions for family care and that of the day nurseries and day-care centers by the provisions for home care according to PAVO.

1. The Executive Council is responsible for

a. Article 316 paragraph 1: Approval and supervision of the operation of boarding schools and apprentices' hostels intended to accommodate several minors day and night (Article 13 paragraph 1 letter a of the Ordinance on the Admission of Children for Foster Care and Adoption of October 19, 1977; PAVO; SR 211.222.338) upon application by the municipal council.

1. The Child and Adult Protection Authority is responsible in the following cases

a. Pronouncement of adoption (Art. 268 para. 1);

b. Fulfillment of tasks according to Art. 2 para. 2 of the Ordinance on Adoption (Art. 316 para. 1bis).

1. The Social Welfare Office is responsible for

a. * Receiving reports and supervising service offerings in family care (Art. 20a to Art. 20f of the Ordinance on the Admission of Children for Foster Care and Adoption dated October 19, 1977; PAVO; SR 211.222.338). The recommendations of the Central Swiss Conference of Health and Social Directors apply.

1. Subject to any differing provisions of federal law, the provisions of administrative procedure law are applicable.

2. The Child and Adult Protection Authority conducts the investigations prescribed by law and is authorized to involve other government administrative bodies as well as experts.

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1. For the pronouncement of an adoption, a fee ranging from CHF 100 to CHF 2,000 is charged.

1. The Implementing Provisions of the Federal Law on Adoption of January 30, 1973, are repealed.

1. These implementing provisions shall enter into force, subject to the approval of the Federal Council, with the Federal Act on the Amendment of the Swiss Civil Code (Parent-Child Relationship) on January 1, 1978.