Law on the Organization and Procedure in Matters of Child and Adult Protection (LPMA) (LPMA)

[2] This Act governs the organization of the protection authorities and the procedure.

[2] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[3] 1 The child and adult protection authority is exercised by the regional protection authority.

2 The judicial complaints authority is the Protection Chamber of the Court of Appeal, which also serves, as the sole cantonal authority, as the supervisory authority.

[3] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[4] The competencies of the protection authorities are those established by the Swiss Civil Code (CC) and the implementing ordinance of this law.

Curatorship Office [5]

[4] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[5] Marginal note amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[6] The Council of State organizes the Guardianship Office and defines its competencies.

[6] Art. modified by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 Every judicial or administrative authority, police bodies, officials and public employees, even if bound by professional secrecy, are obliged to communicate to the protection authority cases requiring its intervention and to transmit relevant information for the adoption of any protective measures. [7]

2 Any overriding public interests are reserved.

[7] Paragraph amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 Regional protection authorities are hereby established. The regulations shall define their jurisdictional districts and their seats. The districts shall be sufficiently populated to ensure the minimum employment of the presidents as provided for by this law. The Council of State is hereby granted the faculty to provide for a single president for multiple districts. [10]

2 The regional protection authority shall represent the municipalities of the jurisdictional districts in relations with third parties concerning the application of this law and the law on the protection of minors and adults in general. [11]

[10] Para. amended by Law of 26.9.2012; in force since 1.11.2013 - BU 2013, 127 and 288.

[11] Para. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[12] 1 The regional protection authority consists of two permanent members and a delegate from the municipality of domicile or habitual residence of the person whose case is being discussed or, if absent or domiciled outside the canton, from the municipality where their assets are located.

2 A substitute is appointed for each member.

3 Each regional protection authority has a secretary. For the auditing of financial reports, it must rely on a person with specific financial and accounting knowledge.

[12] Art. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[13] 1 The president, the permanent member, their substitutes and the secretary are appointed by the Municipal Council of the municipality where the seat is located (Art. 15).

2 The appointment of members may be challenged by the municipalities of the district within ten days before the Council of State.

3 The Municipal Council of each municipality in the district designates a delegate as a member of the regional protection authority and a substitute.

4 Only candidates deemed suitable by the Council of State may be appointed to the regional protection authority. [14]

5 The term of appointment is four years and expires on September 30 following the municipal elections. The outgoing regional protection authority remains in office until the new one is constituted.

6 Members and the secretary are eligible for re-election.

Requirements for members of the regional protection authority [15]

[13] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[14] Para. amended by L 26.9.2012; in force since 1.11.2013 - BU 2013, 127 and 288.

[15] Marginal note amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[16] **1.** The president of the regional protection authority must hold a law degree, and their employment level shall not be less than 80%. The function is incompatible with that of a legal representative in proceedings under protection law. The permanent member must have training, as defined by regulation, as a social, healthcare, or pedagogical worker. [17]

**2.** The members of the regional protection authority must also satisfy the eligibility requirements applicable to guardians.

**3.** The members of the regional protection authority and the secretaries are required to attend training and refresher courses organized by the supervisory authority.

**Operation of the regional protection authority** [18]

[16] Art. amended by L 26.9.2012; in force from 1.1.2013 - BU 2013, 127.

[17] Para. amended by L 26.9.2012; in force from 1.11.2013 - BU 2013, 127 and 288.

[18] Marginal note amended by L 26.9.2012; in force from 1.1.2013 - BU 2013, 127.

1 The regional protection authority decides with a full complement of members, subject to urgent precautionary measures (Art. 445 para. 2 CC and Art. 13 lit. c of the present law). In case of absence of a member, a substitute shall be called upon. [19]

2 Minutes shall be kept of every meeting.

[19] Para. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[20] The Municipal Delegate must possess the necessary skills to perform the assigned tasks. They participate in meetings, discussions, and decisions concerning individuals domiciled or habitually resident in their Municipality, have the right to vote, can request the convocation of the authority, maintain contact with citizens, and report cases warranting intervention.

[20] Art. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 The members of the regional protection authority, the secretary, and auxiliary personnel are bound by official secrecy. [21]

2 They may be released from official secrecy with the consent of the supervisory authority.

[21] Para. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[22] The President's duties are

a) to organize the work, ensure the management and functioning of the regional protection authority;

b) to convene and chair the meetings of the regional protection authority;

c) to decide on urgent precautionary measures (Art. 445 para. 2 CC).

[22] Art. modified by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 The secretariat is entrusted to a person appointed by the municipality of the seat.

2 The secretary carries out the instructions of the president and performs the tasks delegated to him.

[23] 1 The municipality where the regional protection authority is based shall make available, free of charge, the premises, furniture, and equipment necessary for its operation, excluding management costs.

2 The Municipal Council shall make appointments within its purview and ensure everything necessary for the authority's operation. In particular, it shall guarantee, together with the other municipalities in the district, the provision of an adequate number of professional guardians and private guardians tasked with implementing protection measures.

[23] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[24] The Canton participates in the operating costs of the regional protection authorities with a fixed contribution, determined annually by the State Council.

[24] Art. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127; previous amendment: BU 2009, 130.

1 The costs for premises, furniture and equipment are borne by the host municipality.

2 The municipalities participate in covering the remaining expenses, after deduction of the regional protection authority's income, in proportion to the number of their inhabitants. [25]

3 The methods for allocating management expenses among the municipalities within the jurisdictional district are regulated by an agreement stipulated by the Municipalities.

4 Any disputes regarding the stipulation of the conventional agreement and its modification are definitively decided by the Council of State, according to procedures defined by the regulation.

[25] Para. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 The minimum indemnities of the president and the permanent member are established by the regulations.

2 The delegate designated by the municipality is remunerated by the latter according to its own criteria.

Costs of the Protective Measure [26]

[26] Marginal note amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[27] 1 The management costs (remuneration, expenses, taxes) of the protective measure are borne by the person concerned or by whoever is obliged to provide for their maintenance.

2 If the person concerned or whoever is otherwise obliged to provide for their maintenance does not cover them, such costs are advanced by the regional protection authority.

3 Advances made by the regional protection authority over the last 10 years may be recovered

a) from the person concerned, taking into account their needs;

b) from whoever is obliged to provide for the maintenance of the person in question;

c) by withholding the corresponding sum from the estate or from the heirs in the event of the death of the person concerned.

[27] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[28] The regional protection authority may request an advance on costs from the third party applicant, if the measure is essentially in their interest.

[28] Art. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[29] To the extent not regulated by Articles 443 et seq. CC, the Administrative Procedure Law of September 24, 2013, shall apply to proceedings that can be concluded by a decision of the regional protection authority, subject to the following provisions.

[29] Art. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 481; previous amendment: BU 2013, 127.

1 The authority adopts ex officio or upon application by a party the necessary protection measures.

2 … [30]

[30] Para. abrogated by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 The right to be heard is guaranteed.

2 … [31]

3 The authority may dispense with a personal hearing if this is medically inappropriate.

4 A record must be kept of statements made during the hearing.

5 The right to be heard may exceptionally be limited or denied to protect overriding public or private interests or an ongoing investigation. The right must be reinstated as soon as the reason for the impediment has ceased.

[31] Para. repealed by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[32] There are no judicial vacations in child and adult protection proceedings.

[32] Art. reintroduced by L 23.9.2015; in force since 1.3.2016 - BU 2016, 75; previous amendment: BU 2013, 127.

1 Parties appear in person or are represented by a legal representative.

**2 The authority may order the personal appearance of the parties.**

… [33]

[33] Article repealed by Law 26.9.2012; in force from 1.1.2013 - BU 2013, 127.

The taking of evidence may be delegated to a member of the authority.

If evidence has been taken during the proceedings, the parties must be given the opportunity for oral or written discussion at the end.

[34] 1 The regional protection authorities may apply the following fees to their decisions

a) for the approval of moral reports from CHF 20.– to CHF 200.–;

b) for any other decision up to CHF 5000.–.

[34] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

The authority may order the losing party to pay an indemnity for recoverable costs.

[35] 1 The grounds for recusal provided for in the CPC apply to the members of the regional protection authorities.

2 In the event a single member is challenged, the authority itself shall decide on the challenge in the absence of the member concerned. The regional protection authority shall then be supplemented by the substitute of the recused or abstaining member.

3 If the entire regional protection authority or the majority thereof is recused, the nearest regional protection authority shall decide; an appeal against such decision may be lodged with the Protection Chamber of the Court of Appeal. In the event of recusal of the judges of the Protection Chamber or of the entire Court of Appeal, Articles 45 and 46 of the Judiciary Organisation Act of 10 May 2006 shall apply. [36]

4 The proximity between the regional protection authorities is established in the regulation. [37]

[35] Art. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[36] Para. amended by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 42.

[37] Para. amended by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 42.

[38] 1 In urgent cases, when the competent regional protection authority cannot immediately decide on the indispensable urgent measures, these may be adopted by a service designated by the Council of State.

2 The competent regional protection authority must verify and decide on the measure as soon as possible.

[38] Art. reintroduced by L 23.9.2015; in force since 1.3.2016 - BU 2016, 75; previous amendment: BU 2013, 127.

Those legitimated to request the adoption of protective measures are the minor capable of discernment, the closest relatives, the juvenile court judge, social services, institutions or persons who have custody of the minor.

[39] The motivated application must be submitted in writing to the protection authority, accompanied by the available documents and an indication of any evidence to be taken.

[39] Art. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

… [40]

[40] Article repealed by Law 26.9.2012; in force from 1.1.2013 - BU 2013, 127.

[41] 1 In the event of deprivation of liberty for the purpose of assistance (Art. 314b CC), Arts. 426 et seq. CC apply by analogy.

2 The judge within the meaning of Art. 439 CC is the president of the Legal Commission established by the Law on Socio-Psychiatric Assistance of February 2, 1999.

[41] Art. amended by Law of September 26, 2012; in force since January 1, 2013 - BU 2013, 127.

[42] The following are entitled to request the adoption of protective measures on behalf of an adult person: the interested person, the spouse, the registered partner, descendants, parents, uncles and aunts, siblings, nephews and nieces, and the municipal administration of the commune of habitual residence.

[42] Art. amended by L 26.9.2012; in force since 1.1.2013 – BU 2013, 127; previous amendment: BU 2007, 580.

[43] The application, reasoned, must be submitted in writing to the regional protection authority, enclosing the available documents and indicating any evidence to be taken.

[43] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

1 The regional data protection authority sends a copy of the request to the data subject. [44]

2 If it deems it useful, it may set a 15-day deadline for the data subject to submit written observations, reserving the right for them to be heard in person.

[44] Para. amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

… [45]

[45] Art. repealed by L 26.9.2012; in force from 1.1.2013 - BU 2013, 127.

In cases of deprivation of liberty for assistance purposes, the person concerned may appeal to the legal commission in accordance with the provisions of the law on socio-psychiatric assistance.

-47 … [46]

[46] Art. repealed by L 26.9.2012; in force from 1.1.2023 - BU 2013, 127.

… [47]

[47] Art. repealed by L 26.9.2012; in force from 1.1.2013 - BU 2013, 127; previous amendment: BU 2010, 324.

[49] Curators are entitled to remuneration commensurate with the work performed and the financial situation of the ward. The State Council is tasked with concretizing the provisions of Art. 404 CC.

Liability [50]

[49] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[50] Marginal note amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[51] The provisions of the law on the civil liability of public bodies and public agents of 24 October 1988 are applicable to the right of recourse referred to in Art. 454 para. 4 CC.

[51] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[52] **1** The supervisory authority has disciplinary competence over the protection authorities and their members, and the protection authority has disciplinary competence over guardians.

**2** For sanctions and procedure, the provisions of the Law on the Organisation of State Employees and Teachers of 15 March 1995 and the Law on Administrative Procedure of 24 September 2013 apply by analogy. [53]

**2a** In addition to the sanctions applicable under paragraph 2, in serious cases the supervisory authority may dismiss the president or a member of the regional protection authority. [54]

**3** The complainant is not a party.

**4** If there is a suspicion of a criminal offence, the case files are transmitted to the Public Prosecutor's Office.

[52] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[53] Par. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 481.

[54] Par. introduced by L 23.9.2015; in force since 1.3.2016 - BU 2016, 75.

[55] Proceedings pending at the time of entry into force of the new law shall be processed by the authority on the basis of the new provisions.

[55] Art. amended by L 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

[56] The Council of State shall verify by 31 December 2014 the effectiveness of the measures contained in this Act and of the implementing provisions under federal law, by submitting a report thereon to the Grand Council and proposing the necessary legislative adaptations for the reorganisation of the regional protection authorities into a judicial authority.

[56] Art. introduced by Act of 26.9.2012; in force since 1.1.2013 - BU 2013, 127.

Once the deadlines for exercising the referendum have passed and the approval of the Federal Council has been obtained, [57] this law, together with its annex of law amendments, is published in the Official Bulletin of Laws and Executive Acts.

The Council of State determines its effective date. [58]

Published in OB 2000, 361.

[57] Federal approval: 27.5.1999 - OB 2000, 367.

[58] Effective date: 1.1.2001 - OB 2000, 367.