Cantonal Foster Children Ordinance

1. For foster families according to § 5 para. 2, in addition to the requirements pursuant to Art. 4 ff. PAVO, the following provisions apply

1. The application for approval must be accompanied by the following documents

a) A detailed resume and a motivation letter from the foster parents,

b) A current debt register extract and evidence of the foster parents' family income,

c) A medical certificate confirming the health suitability of all adults in the foster family's household for the acceptance and care of foster children.

2. Additionally, the authority verifies the character of all adults living in the foster family's household through an official extract from the criminal record information system VOSTRA.

1. The foster family agrees to cooperate with the origin system and the professionals in the child's reference system and collaborates with them in an appropriate manner.

2. The foster family commits to regular training and education amounting to at least one day per year. The financial participation of the canton in the further training of foster families is stipulated in the regulations of the Department of the Interior regarding the financial compensation of foster families.

3. The accompaniment of the foster family by a service provider of family care (DAF) according to Section 4a PAVO can be ordered by the supervisory authority to stabilize the foster care relationship or to support the foster parents.

4. The costs for the accompaniment by a service provider of family care (DAF) according to Section 4a PAVO are partially covered by the canton. The Department of the Interior determines the contribution amount.

1. The private household has sufficient living space and adequate sanitary facilities. The occupancy regulations for rental apartments are complied with.

2. The foster child has a separate room available. For the accommodation of siblings and in emergency placements, exceptions may be granted by the cantonal social office.

1. An application for the approval of hosting a foster child from abroad must be submitted to the cantonal social office at least three months before the planned entry of the child.

2. The supervisory authority will reject approval applications received only after the entry of the child. Exceptions will be granted only for compelling reasons.

1. During the supervisory visit pursuant to Art. 10 Para. 1 PAVO, both foster parents as well as the foster child are generally present. The cantonal social office may grant exceptions.

2. The supervisory authority regularly examines whether the insurance coverage of the minors is ensured.

3. Additional documents regarding the financial or health situation of the foster family may be requested.

4. In cases of doubt about the suitability of the foster family, the supervisory authority may conduct further investigations and hold discussions about the child's welfare with the child and with professionals from the origin or reference person system of the placed child.

5. The supervisory authority may visit the foster family at any time and without prior notice.

1. The Cantonal Social Office conducts an annual assessment of placement needs and the need for emergency places, prepares an offer planning, and takes appropriate measures to ensure the availability of places.

1. Based on Art. 2 para. 2 PAVO, the following offices are responsible for the tasks according to Art. 2 para. 1 PAVO (authorization and supervision)

a) The Office of Justice and Municipalities for foster care arrangements related to an adoption

b) * The Cantonal Social Welfare Office for

1. * Facilities and boarding schools of private schools intended to accommodate multiple minors for upbringing, care, education, observation, or treatment day and night

2. * Socio-pedagogical offerings intended to provide regular care for multiple minors from the end of compulsory schooling day and night

3. * Foster families according to Art. 4 PAVO and § 5 of this ordinance

c) * The Family and Youth Service

1. * In facilities for regular family and school supplementary care of children and adolescents during the day before and during compulsory schooling

2. * For day care according to Art. 12 PAVO

2. Authorization and supervision in the area of special education homes and placements are governed by the Special Schools Ordinance[1].

3. The Family and Youth Service is responsible for overnight day care according to § 5b of this ordinance.

1. For care facilities according to § 6 para. 3, the following provisions apply in addition to the requirements pursuant to Art. 13 et seq. PAVO

1. In addition to the information required under Art. 14 of the Foster Care Ordinance, the following documents must be submitted or information provided with the approval application

a) Operational concept

b) Organizational chart

c) Floor plan

d) Budget

e) Audited or accepted annual financial statements of the care facility and, if applicable, the sponsoring entity (except for new openings)

f) Proof of business liability insurance

g) Proof of compliance with building and fire safety regulations, including any fire department report

h) Report from the Intercantonal Laboratory regarding food control

2. The specific contents and requirements for the operational concept are determined by the Department of Education in a regulation.

3. For staff members who are present in the care facility during opening hours, the following information must be provided and documents submitted

a) Personal details, date of birth, and social security number (AHV number)

b) Role within the operation

c) Relevant proof of qualifications

d) For management personnel: evidence of leadership training or registration for leadership training

e) For employees residing abroad: extract from the criminal record or extended certificate of conduct from their country of residence (before employment and annually thereafter)

4. Additional documents, reports, and pertinent information may be required.

1. Educational professionals are considered to be caregivers who possess one of the following qualifications

a) Specialist in Social Care EFZ with a specialization in Children

b) Child Educator HF or Certified Childhood Educator HF

c) Social Pedagogue HF / FH

d) Teacher (all school levels)

e) Socio-Cultural Animator FH

f) Specialist in Social Care with specialization in Elderly Care, Care for Persons with Disabilities, or Generalized Training

2. In the domain of family supplementary care, caregivers with qualifications according to para. 1 sections c to f must additionally demonstrate at least three months of specific professional experience (at a 100% employment rate) in childcare or specialized training comprising at least 60 hours (excluding self-study time).

3. Persons considered as assistant caregivers in family supplementary care are those who have either successfully completed training as an Assistant in Health and Social Services EBA with a specialization in Children or meet the following cumulative requirements

a) Minimum age of 25 years

b) Specialized training comprising at least 160 hours (excluding self-study time) or a minimum of two years relevant professional experience (at an 80% employment rate)

4. Persons considered as assistant caregivers in school supplementary care are those who have either successfully completed training as an Assistant in Health and Social Services EBA with a specialization in Children or meet the following cumulative requirements

a) Minimum age of 25 years

b) Specialized training comprising at least 80 hours (excluding self-study time) or at least one year of relevant professional experience (at an 80% employment rate)

5. The recognition of foreign diplomas for regulated professions is decided by the State Secretariat for Education, Research and Innovation (SBFI). The Swiss ENIC is responsible for foreign university diplomas in non-regulated professions. The Conference of Cantonal Ministers of Education (EDK) is responsible for foreign teaching diplomas.

1. If the management of the care facility is undertaken by a single person, they must have a pedagogical education according to § A2-3 paragraphs 1 and 2, as well as

a) have completed a leadership training of at least 400 hours (excluding self-study time), or

b) have four years of leadership experience and have completed a leadership training of at least 160 hours (excluding self-study time).

2. If the management of a care facility is divided between two persons, one person must have a pedagogical education according to § A2-3 paragraphs 1 and 2, as well as have completed a leadership training of at least 200 hours (excluding self-study time). The other person must have completed a leadership training of at least 200 hours (excluding self-study time).

3. The leadership training according to paragraph 1 letters a and b can be completed after assuming the position as a manager. However, it must be started within six months after the commencement of employment.

4. Managers of care facilities that have an operating or care time of less than 15 hours per week are exempt from the requirements according to paragraphs 1 to 3.

5. In supplementary family care, the person with pedagogical education must be active in care work.

1. During the entire period of care, at least one educational professional must be engaged in the caregiving work.

2. The ratio between educational professionals and untrained caregivers or caregiver assistants must be

a) in supplementary family care work, at least 1:1

b) in supplementary school care work, in the mornings (until 11:45 a.m.) and afternoons (from 1:45 p.m.), at least 1:1

c) for purely lunch tables and in supplementary school care work during lunch table care (between 11:45 a.m. and 1:45 p.m.), at least 1:2

3. The following caregivers are considered 50% as educational professionals for the ratio in paragraph 2

a) Trainee care specialist with EFZ qualification in childcare during the 3rd year of apprenticeship or the final year in the case of a shortened apprenticeship

b) Students of early childhood education at higher technical school (HF) in the 3rd year of study or the final year in the case of a shortened course of study

c) Caregivers in the final third of an additional qualification or validation process

d) Caregivers according to § A2-3 para. 1 lit. c to f, who have not yet provided the evidence as per § A2-3 para. 3 in supplementary family care

e) Caregiver assistants

1. Age Groups of Children

a) Baby: up to and including 18 months

b) Toddler: from 19 months until kindergarten entry

c) School-age Child: from kindergarten entry until the end of lower secondary education

2. Allocation of Places

a) Babies occupy: 1.5 places

b) Toddlers occupy: 1 place

c) School-age children occupy: 0.5 places

3. For every six places, one caregiver is required for immediate care work.

1. A usage permit corresponding to the designated purpose must be available for the premises.

2. The premises must have sufficient natural light and be adapted to conditions and fit for purpose.

3. For the care of children and adolescents, at least 5 m² of usable space per child is available (excluding auxiliary rooms).

4. At least two main rooms are available, which are used exclusively for the care of children and adolescents. Auxiliary rooms include, in particular: kitchen, toilet, office and meeting rooms, rooms without natural light, cloakroom, and pure sleeping quarters.

5. For school-age children and adolescents, appropriate infrastructure is available for completing homework. A separate rest or sleeping room is available for babies.

6. The care area respects the privacy of the children and adolescents.

7. Suitable outdoor play areas are available around the house or in the immediate vicinity.

8. Separate toilets are available for the children and adolescents under care, as well as for the staff.

1. The professional appointed by the Office for Family and Youth conducts periodic supervisory visits and in doing so undertakes the following tasks in particular

a) Verification of the prerequisites for authorization

b) Verification of quality assurance

c) Communication with the staff

d) Preparation of an inspection report

2. The responsible professional may visit the care facilities at any time and without prior notice.

3. During supervisory visits or upon request, the management must

a) Provide complete and truthful information about the cared-for children and adolescents, the staff, and the operation

b) Allow access to all documents necessary for verifying the prerequisites for authorization

c) Grant unrestricted access to all premises

4. The care facilities must enable the cared-for children and adolescents, as well as the staff, to express themselves freely and without observation to the responsible professional.

1. The Cantonal Social Office is the specialist authority in the area of inter-cantonal social placements according to the Intercantonal Agreement on Social Institutions (IVSE) Area A.

2. The Cantonal Social Office

a) reviews the applications for IVSE recognition in Area A

b) grants the approval according to IVSE guidelines

c) examines the cost coverage guarantees

3. The IVSE competence in the area of special education is governed by the Special Education Ordinance.

1. For facilities pursuant to § 6 para. 1, the following provisions apply in addition to the requirements according to Art. 13 et seq. of the PAVO.

2. For socio-pedagogical services pursuant to § 6 para. 1bis and for family care pursuant to § 5 para. 3, the following provisions, which do not contain specific regulations for these services, apply mutatis mutandis.

3. For boarding schools of private schools without special school status, the following provisions apply mutatis mutandis. The Government Council issues a corresponding directive for these institutions. A review of the accommodation rates set according to market economy principles is waived.

1. The private household has adequate living space and sufficient sanitary facilities. The assessment of the premises is based on the guidelines for the residential area in § A3-9 para. 2, as applicable.

2. The occupancy regulations for rental apartments and the usage provisions of the property are complied with.

1. The supervisory authority shall conduct an oversight visit as often as necessary, but at least every two years, and shall in particular fulfill the following duties

a) Verification of the prerequisites for approval

b) Review of the quality of care

c) Interaction with the staff

d) In justified cases, the legal representatives and caregivers of the children and adolescents or other involved parties may be questioned

e) Examination of the records in accordance with Art. 17 PAVO

2. The supervisory authority may visit the care facilities at any time and without prior notice.

3. During supervisory visits or upon request, the management must

a) Provide complete and truthful information about the minors in care, the staff, and the operation

b) Grant access to all documents necessary for verifying the prerequisites for approval

c) Allow free access to all premises

4. The care facilities shall enable the minors in care as well as the staff to express themselves freely and without being observed to the responsible specialist.

5. The supervisory authority shall prepare a report on the supervisory activities.

6. If there is any suspicion of deficiencies, the cantonal social office may commission an external, independent expert opinion. The costs are to be borne by the facility if the expert opinion identifies deficiencies in operational management.

7. Recommendations and conditions may be formulated and deadlines set for their rectification.

8. If conditions according to para. 7 are not implemented within the deadline, the cantonal social office may set an extension or directly order measures to ensure the welfare of the child, in particular

a) Implement an external independent supervision

b) Appoint temporary operational management

c) Impose an admission stop

d) Reduce the number of residential places

e) Order the relocation of persons in care

9. If measures prove unsuccessful or appear from the outset to be inappropriate, the consequences shall be determined in accordance with Art. 20 para. 2 and 3 PAVO.

10. The Department of the Interior may issue further guidelines for supervision.

1. In addition to the documents pursuant to Art. 14 of the Ordinance on Private Homes (PAVO), the following documents must be submitted with the application for approval

a) Operational concept

b) Organizational chart

c) Floor plan and utilization plan

d) Budget for the current operating year and fee regulations

e) Audited or approved annual financial statement of the care facility and, if applicable, the sponsoring organization (except for new openings)

f) Business plan for three years (only for new openings)

g) Proof of liability insurance for operations

h) Proof regarding compliance with construction and fire protection regulations including any fire department protocol

i) Report from the Intercantonal Laboratory on food control

2. The requirements for the operational concept and the quality standards are determined by the Department of the Interior.

3. The following documents must be submitted for the management of the care home

a) Detailed curriculum vitae with accompanying certificates

b) Extract from the debt collection register

c) Medical certificate confirming the health suitability of the care home management for leading an educational facility

d) Extract from the criminal and special private records of the care home management, or equivalent documents from the state of residence of the care home management

4. The following documents must be submitted for all staff members of the facility

a) Personal details, date of birth, and social security number (AHV number)

b) Position in the facility

c) Information on education and professional qualifications

5. Additional documents, reports, and relevant information may be requested.

1. Individuals are considered educational professionals if they have successfully completed one of the following training programs

a) Social Educator HF/FH

b) Teacher with an EDK-recognized diploma (all school levels)

c) Child Educator HF or Dipl. Childhood Educator HF

d) Social Worker HF/FH

e) Head of Work Agogics HF/FH

f) Sociocultural Animator FH

g) Psychologist HF/FH

h) Care Specialist EFZ, provided they have at least six months of professional experience as an educator in a residential setting (hospital, therapy facility, or similar)

2. In residential facilities that predominantly admit preschool children or children and adolescents with disabilities, individuals with completed training as Care Specialist EFZ (Children) or Care Specialist EFZ (Care for People with Disabilities) are also recognized as educational professionals.

3. The recognition of foreign diplomas for regulated professions is determined by the State Secretariat for Education, Research and Innovation (SBFI). For foreign higher education diplomas in non-regulated professions, the Swiss ENIC is responsible. The Conference of Cantonal Directors of Education (EDK) is responsible for foreign teaching diplomas.

1. The director of a care facility must possess an educational qualification in accordance with § A3-3 and have completed leadership training of at least 400 hours (excluding self-study time).

2. The director's workload must be at least 80%.

3. Co-leadership by two qualified professionals in accordance with § A3-3 and § A3-4 para. 1 is only permitted in exceptional cases. Such arrangements require special permission from the cantonal social welfare office.

1. At least one foster parent must have a pedagogical education according to § A3-3 para. 1 and must have completed a leadership training of at least 400 hours (excluding self-study time).

2. If no foster parent has completed leadership training, a Swiss service provider in family care according to Section 4a PAVO must assume sponsorship.

3. The foster parents regularly attend further training and supervision sessions.

1. A residential group generally includes seven places. Babies and children up to the age of 3 years (3rd birthday) count as 1.5 places each, while children from the age of 3 and adolescents count as one place each.

2. Per residential group, the staffing quota must include at least 460 full-time equivalent positions of educational specialists according to the provisions in § A3-3 paragraphs 1 and 2. With the consent of the cantonal social office, deviations from this requirement may be permitted in justified exceptional cases for a limited duration.

3. If minors with increased care needs or special challenges are being cared for in the facility, this must be taken into account in the staffing quota, ensuring an appropriate mix of personnel (care/nursing/therapy).

4. If young adults (up to a maximum of 25 years) are being cared for in a PAVO institution, they must be considered as one place each when calculating the required staffing percentages.

1. The ratio between qualified educational staff and untrained caregivers must be at least 2:1. Individuals in their final year of a recognized training program under the provisions of § A3-3, paragraphs 1 and 2, and individuals undergoing an equivalence procedure under the provisions of § A3-3, paragraph 4, shall be counted as half a qualified educational staff member for this ratio.

2. With the consent of the cantonal social office, deviations from the requirements in paragraph 1 may be permitted for a limited period in justified exceptional cases.

1. During the entire operating time, regardless of the number of minors present per residential group, at least one educational professional must be present in accordance with the provisions in § A3-3 paragraphs 1 and 2. A second educational professional must be on call, so that they can start work at the facility within one hour. When more than four minors are present outside of sleeping hours (10:00 PM to 6:30 AM), a second educational professional must be present. Excluded from this are socio-educational offerings according to § 6 paragraph 1bis, for which paragraph 3 applies.

2. In facilities with restricted operating hours, at least one educational professional in accordance with § A3-3 paragraphs 1 and 2 must be on call outside of operating hours, so that the return of the minor to the facility is possible within 3 to 5 hours. Excluded from this are socio-educational offerings according to § 6 paragraph 1bis, for which paragraph 3 applies.

3. In socio-educational offerings according to § 6 paragraph 1bis, the intensity of care must correspond to the maturity level of the minors. It is to be agreed upon in a care contract with the minor, the legal representatives, and the parents. The care ratio must also be defined so that a care professional is available by phone or in person 24/7, 365 days a year, according to § A3-3.

1. The premises and their furnishings are determined by the needs of the minors being cared for and correspond to the educational concept of the institution.

2. The following guidelines apply to the premises

[Premises Guidelines]

3. To prevent accidents, all necessary measures must be taken (e.g., securing windows or stairs, safe design of playgrounds). The recommendations of the accident prevention advisory office should be applied.

4. When young adults aged 18 to a maximum of 25 years remain, the same space requirements must be considered.

1. The confidant pursuant to Article 1a paragraph 2 letter b of the PAVO does not need to belong to the Child and Adult Protection Authority.

1. For the care services pursuant to § 5a and § 5b, the following provisions apply in addition to the requirements according to Art. 12 PAVO

1. The following documents must also be submitted with the registration form

a) Care contract (according to the template);

b) Proof of completion of an emergency course for children within the last two years or corresponding registration confirmation;

c) Proof of attended, field-specific continuing education;

d) Confirmation from the Child and Adult Protection Authority regarding child and adult protection measures.

2. Additional documents, reports, and relevant information may be requested.

1. Daycare parents provide child care in person.

2. Daycare parents must meet the following requirements

a) Completion of an emergency course for children at least every three years;

b) Attendance of a sector-specific further training at least every two years.

1. In accordance with their increased need for care, infants up to the completion of their 12th month of life occupy two care placements in day care.

2. Children from the 13th month of life up to the completion of their twelfth year occupy one care placement in day care.

3. In day care, the scope of care is limited to a maximum of five placements.

1. The children are cared for in the home of the day care parents.

2. The rooms must have sufficient natural light and be adapted to the conditions as well as functional.

3. The sleeping and care areas respect the privacy of the children.

4. Suitable outdoor play opportunities are available around the house or in the immediate vicinity.

1. The specialist appointed by the Family and Youth Office conducts periodic supervisory visits, during which the following tasks, in particular, are performed

a) Verification of the suitability requirements;

b) Interviewing and advising the day-care parents;

c) Preparing a report.

2. The responsible specialist may visit the day-care parents without prior notice if necessary.

3. The day-care parents are required to provide the responsible specialist with the following information during supervisory visits or upon request

a) Complete and truthful information about the children under care and the care provided;

b) Access to all documents necessary for verifying the suitability requirements;

c) Unrestricted access to all premises used within the scope of day care.

1. Foster parents who care for minors placed with them pursuant to Art. 4 et seq. PAVO are generally entitled to reasonable foster care compensation, unless otherwise agreed or clearly evident from the circumstances (Art. 294 para. 1 Swiss Civil Code). The Department of the Interior shall issue regulations concerning the reasonableness of compensations. The rates are adjusted for inflation every two years.

2. Placement in a foster family intending to take in four or fewer minors qualifies as family foster care. In addition to the requirements pursuant to Art. 4 et seq. PAVO, the provisions in Annex 1a apply to these families.

3. Placement in a foster family intending to take in more than four minors qualifies as institutional foster care within the meaning of Art. 13 para. 1 PAVO. In addition to the requirements pursuant to Art. 13 et seq. PAVO, the provisions in Annex 3 apply to these families.

1. **Day Care as Defined in Art. 12 PAVO** refers to the regular daytime care of a maximum of five children under twelve years of age simultaneously in one's own household. Own children are included in this count.

2. **Regular Care of More Than Five Children** falls under the term residential care as defined in Art. 13 para. 1 PAVO.

3. **For the Issuance of the Aptitude Certificate and Supervision in the Area of Day Care according to Art. 12 PAVO**, in addition to the requirements pursuant to Art. 12 PAVO, the provisions in Annex 4 apply.

**1. Notification Requirement for Providing Additional Overnight Childcare**

Anyone who offers supplementary care to day care under § 5a of this regulation, by taking care of children under twelve years of age for remuneration during a maximum of three nights per week in their household, must report this to the authorities.

2. A maximum of five children may stay overnight in the household at the same time. This number includes the caregiver's own children.

3. Article 12 of the PAVO applies mutatis mutandis for the issuance of the suitability certificate and supervision. Additionally, the provisions in Annex 4 apply.

1. For facilities and boarding schools of private schools intended to accommodate multiple minors for education, care, training, observation, or treatment both day and night (§ 2 para. 1 lit. b no. 1 of this regulation), the provisions in Annex 3 apply in addition to the requirements according to Art. 13 ff. PAVO.

1bis. For socio-educational services intended to accommodate multiple adolescents after the end of compulsory schooling for regular day and night care (§ 2 para. 1 lit. b no. 2 of this regulation), the provisions in Annex 3 apply in addition to the requirements according to Art. 13 ff. PAVO.

1ter. When granting authorization for residential care pursuant to Art. 13 para. 1 lit. a PAVO, the cantonal needs must be taken into account. The cantonal needs are assessed at least every three years. The cantonal social office takes appropriate measures to meet the cantonal needs.

2. ...

3. For the granting of authorization and supervision of facilities for the regular family and school-supplementing care of children and adolescents during the day before and during compulsory schooling, the provisions in Annex 2 apply in addition to the requirements according to Art. 13 ff. PAVO.

1. Facilities that already have an operating permit are granted a transitional period until December 31, 2019, to meet the requirements not yet fully fulfilled according to Appendix 2.

2. Luncheon services that do not yet have an operating permit are granted a transitional period until July 31, 2020, to apply for one.

3. Facilities according to § 6 para. 1 of this regulation, which already have an operating permit at the time of the entry into force of the amendment of December 16, 2025, are granted a transitional period until December 31, 2026, to meet the requirements not yet fully fulfilled according to Appendix 3.

4. Foster families and day-care parents, who at the time of the entry into force of the amendment of December 16, 2025, already have a valid suitability certificate or operating permit from the Child and Adult Protection Authority, must present or submit the documents according to § A4-2 or § A1a-2 of this regulation during the periodic supervisory visit. The suitability certificate or operating permit retains its validity.