Regulation on the Law on the Organization and Procedure in matters of Child and Adult Protection (ROPMA) (ROPMA)

[3] The following regional protection authorities (ARP) are established

– ARP 1, headquartered in Chiasso and with jurisdiction over the territory of the municipalities of Chiasso, Balerna, Breggia, Morbio Inferiore, Novazzano, Vacallo

– ARP 2, headquartered in Mendrisio and with jurisdiction over the territory of the municipalities of Mendrisio, Brusino Arsizio, Castel S. Pietro, Coldrerio, Riva S. Vitale, Stabio

– ARP 3, headquartered in Lugano and with jurisdiction over the territory of the municipality of Lugano

– ARP 4, headquartered in Paradiso and with jurisdiction over the territory of the municipalities of Paradiso, Arogno, Bissone, Grancia, Melide, Morcote, Val Mara, Vico Morcote

– ARP 5, headquartered in Massagno and with jurisdiction over the territory of the municipalities of Massagno, Cadempino, Canobbio, Comano, Cureglia, Lamone, Muzzano, Porza, Savosa, Sorengo, Vezia

– ARP 6, headquartered in Agno and with jurisdiction over the territory of the municipalities of Agno, Alto Malcantone, Aranno, Astano, Bedigliora, Bioggio, Cademario, Caslano, Collina d’Oro, Curio, Magliaso, Miglieglia, Neggio, Novaggio, Pura, Tresa, Vernate

– ARP 7, headquartered in Capriasca and with jurisdiction over the territory of the municipalities of Capriasca, Origlio, Ponte Capriasca

– ARP 8 …

– ARP 9, headquartered in Torricella-Taverne and with jurisdiction over the territory of the municipalities of Torricella-Taverne, Bedano, Gravesano, Isone, Manno, Mezzovico-Vira, Monteceneri

– ARP 10, headquartered in Locarno and with jurisdiction over the territory of the municipalities of Locarno, Muralto, Orselina

– ARP 11, headquartered in Losone and with jurisdiction over the territory of the municipalities of Losone, Ascona, Brissago, Centovalli, Onsernone, Ronco sopra Ascona, Terre di Pedemonte

– ARP 12, headquartered in Minusio and with jurisdiction over the territory of the municipalities of Minusio, Brione s/Minusio, Cugnasco-Gerra, Gambarogno, Gordola, Lavertezzo, Mergoscia, Tenero-Contra, Verzasca

– ARP 13, headquartered in Maggia and with jurisdiction over the territory of the municipalities of Maggia, Avegno Gordevio, Bosco Gurin, Campo (Vallemaggia), Cerentino, Cevio, Lavizzara, Linescio

– ARP 14 …

– ARP 15, headquartered in Bellinzona and with jurisdiction over the territory of the municipalities of Bellinzona, Arbedo-Castione, Cadenazzo, Lumino, Sant’Antonino

– ARP 16, headquartered in Biasca and with jurisdiction over the territory of the municipalities of Biasca, Riviera

– ARP 17, headquartered in Acquarossa and with jurisdiction over the territory of the municipalities of Acquarossa, Blenio, Serravalle

– ARP 18, headquartered in Faido and with jurisdiction over the territory of the municipalities of Faido, Airolo, Bedretto, Bodio, Dalpe, Giornico, Personico, Pollegio, Prato Leventina, Quinto

[3] Art. amended by R 10.5.2023; in force since 1.6.2023 - BU 2023, 170; previous amendments: BU 2004, 172; BU 2006, 412; BU 2008, 511; BU 2009, 538; BU 2010, 190; BU 2012, 618; BU 2013, 109 and 277; BU 2015, 275.

[4] **1** The following Regional Child and Adult Protection Authorities (ARP) are presided over by the same person

– ARP 1 and 2;

– ARP 4 and 6;

– ARP 5, 7 and 9;

– ARP 11 and 13;

– ARP 16, 17 and 18. [5]

**2** The host municipalities define the municipality competent to formalize the employment, set the remuneration and cost allocation, and the degree of occupation in the individual districts.

**3** Any dispute regarding agreements made between municipalities within the scope of the application of the Law on the Organization of Child and Adult Protection of March 8, 1999 (hereinafter: the Law) must be submitted to an attempt at conciliation before the Section for Local Authorities. In the absence of conciliation, the Council of State shall decide in the first instance.

[4] Art. introduced by D 11.6.2013; in force since 1.7.2013 - OF 2013, 277.

[5] Sub-para. amended by D 10.5.2023; in force since 1.6.2023 - OF 2023, 170; previous amendment: OF 2015, 275.

[6] The provisions of the municipality designated in accordance with Art. 1a para. 2 apply to the procedure for the appointment of the president.

[6] Art. introduced by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[7] 1 The President must hold a law degree or a master's degree in law and possess adequate experience in family law and child and adult protection law, or have training in conflict management.

2 The municipality of the main seat shall submit the proposal for appointment to the Council of State for an opinion pursuant to Art. 8 para. 4 of the law.

[7] Art. introduced by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[8] 1 The requirements for the appointment of the president also apply to their deputy, with the exception of the degree of occupation as per Art. 9 para. 1 of the Law, which is not applicable to the deputy.

2 The deputy may not assume mandates of representation in protection law procedures handled by the Child and Adult Protection Authorities (CAPA) in which the president operates.

[8] Art. introduced by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[9] 1 Proximity between regional protection authorities is established as follows

– for RPAs 1 and 2, RPA 3;

– for RPA 3, RPA 2;

– for RPAs 4 and 6, RPA 5;

– for RPAs 5, 7 and 9, RPA 4;

– for RPA 10, RPA 12;

– for RPAs 11, 12 and 13, RPA 10;

– for RPA 15, RPA 16;

– for RPAs 16, 17 and 18, RPA 15.

2 The nearest regional authority shall deliberate with a full quorum (Art. 10 para. 1 LPMA); the municipal delegate shall be that of the Municipality where the RPA is headquartered.

[9] Art. introduced by R 23.8.2016; in force since 26.8.2016 - BU 2016, 386.

[10] The Department of Institutions sets the per capita contribution within the limits of the budget for the reference year.

[10] Art. amended by R 11.6.2013; in force since 1.1.2013 - BU 2013, 277; previous amendments: BU 2009, 538; BU 2012, 618.

[11] 1 The costs for premises, furniture, and equipment shall be borne by the municipality where the regional protection authority is based. [12]

2 Current operating costs, after deducting subsidies and revenues, shall be apportioned among the municipalities of the district in proportion to the number of inhabitants. Every five years, upon request by a municipality, the apportionment key shall be updated based on the legal population data published by the Cantonal Statistical Office.

3 The expenses of the protective measure, when advanced by the regional protection authority [13] and not recovered from the interested party or from those responsible for their maintenance, shall be borne by the municipality of domicile of the person concerned.

[11] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[12] Designation amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[13] Designation amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[14] The municipalities in the ARP district shall make adequate resources available to the authority for the performance of its duties.

[14] Art. amended by R 10.5.2023; in force since 1.6.2023 - BU 2023, 170; previous amendments: BU 2004, 172; BU 2009, 538; BU 2010, 190; BU 2012, 618; BU 2013, 109 and 277.

1 Eligibility as Permanent Members and their Substitutes

a) Social worker or specialized educator with a professional diploma issued by a recognized school;

b) Teacher qualified to teach in schools of the Canton of Ticino;

c) Physician, psychologist, psychotherapist, nurse, speech therapist.

**2 Within the limits of the organization and the rules of protection law, they exercise their mandate freely. [16]**

[16] Sub-paragraph amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[18] 1 The remuneration of the president must correspond at least to the minimum of class 12 of the regulation concerning the functions and classifications of State employees. [19]

2 The minimum allowance for a member is set as follows

– districts up to 12,000 inhabitants CHF 5,000.–

– districts from 12,001 to 24,000 inhabitants CHF 8,000.–

– districts from 24,001 to 36,000 inhabitants CHF 11,000.–

– districts over 36,000 inhabitants CHF 14,000.–

3 Substitutes for the president and the member receive CHF 100.– for interventions up to two hours; CHF 150.– for half a day’s work and CHF 250.– for a full day. In the case of consecutive substitutions exceeding two months, they shall be remunerated like the titular president and member, whose allowance shall be reduced proportionally.

[18] Art. amended by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277; previous amendment: BU 2012, 618.

[19] Para. amended by R 10.5.2023; in force since 1.6.2023 - BU 2023, 170.

[20] The regional protection authority is assigned the tasks that the Civil Code and federal legislation attribute to the child and adult protection authority.

[20] Art. modified by R 15.12.2021; in force since 1.1.2022 - BU 2021, 401; previous modifications: BU 2012, 618; BU 2013, 277.

[21] 1 The Office for Assistance and Protection (UAP) adopts urgent protective measures for minors in accordance with Art. 32 of the law.

2 The need to adopt urgent protective measures arises when the minor is without the custody of parents or the adults to whom they are entrusted, because they are deceased, institutionalized, detained, or in flight, or if the health or life of the minor is in serious danger.

3 Reports to the UAP must be made by the Police, the ambulance service, or the care team, on weekdays from 6 p.m. to 7 a.m., and on holidays and weekends 24 hours a day. The UAP orally communicates its decision to the reporting entities.

4 By 10 a.m. on the first working day, the UAP communicates its decision in written form to the competent regional protection authority, which verifies and decides on the measure during the same day.

[21] Art. introduced by R 17.2.2016; in force from 1.3.2016 - BU 2016, 89.

1 The Regional Protection Authority [23] usually deliberates in plenary session. Urgent precautionary measures are reserved. [24]

2 The president may decide on deliberation by circulation, except for the adoption, revocation, or amendment of protection measures.

3 Where the president has decided on deliberation by circulation, any member may demand that it take place in plenary session.

[23] Denomination modified to "RPA" by R 11.6.2013; in force since 1.7.2013 - BO 2013, 277.

[24] Para. modified by R 19.12.2012; in force since 1.1.2013 - BO 2012, 618.

[25] The regional protection authorities [26] and the supervisory authority shall have access to the Movpop database where necessary for the exercise of their functions.

[25] Art. amended by O 19.12.2012; in force since 1.1.2013 - OG 2012, 618.

[26] Denomination amended to "RPA" by O 11.6.2013; in force since 1.7.2013 - OG 2013, 277.

[27] 1 The Protection Chamber of the Court of Appeal is the supervisory authority within the meaning of Art. 441 CC.

2 It

a) exercises general supervision over the protection organs and their members and decides on disciplinary sanctions against them (Art. 51 paras. 1 and 2 Law);

b) issues general directives, in particular on the management of files and the documents to be submitted in the complaint procedure;

c) exercises other powers through the Inspectorate (Art. 11).

[27] Art. amended by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277; previous amendments: BU 2006, 412; BU 2009, 538; BU 2012, 618.

[28] The Inspectorate

a) advises and assists the APAs and, where necessary, issues the necessary specific directives;

b) inspects the records and registers of protective measures at the offices of the APAs;

c) studies and proposes norms or any amendments to norms;

d) oversees a regular and uniform application of norms concerning the protection of minors and adults, reports irregularities liable to sanctions to the Protection Chamber, and conducts disciplinary proceedings (Art. 10 para. 2 let. a).

[28] Art. amended by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277; previous amendment: BU 2012, 618.

[30] 1 The Protection Chamber

a) is the central authority pursuant to Art. 2 para. 1 of the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults of 21 December 2007 (FACA);

b) is the enforcement authority in the event of the return of children according to Art. 12 para. 1 FACA.

2 In the enforcement of decisions referred to in para. 1 lit. b, the Protection Chamber is assisted by the Inspectorate. The latter organises the return of the child, if necessary in collaboration with the Office for Families and Minors (OFM), seeking to facilitate a voluntary return (Art. 12 para. 2 FACA).

[30] Art. introduced by R 11.6.2013; in force since 1.7.2013 - OJ 2013, 277.

[31] 1 The regional protection authority [32] designates the guardian after hearing the person concerned.

2 Except in urgent cases, the guardian, prior to designation, shall be introduced to the person concerned at a meeting attended by a delegate of the protection authority [33], who shall inform the parties of their mutual rights and duties.

[31] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[32] Denomination amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[33] Denomination amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[34] Unless otherwise indicated, the curator remains in office for two years and, except in the case of resignation or non-confirmation, the mandate is understood to be renewed year by year.

[34] Art. modified by R 19.12.2012; in force from 1.1.2013 - BU 2012, 618; previous modifications: BU 2006, 412; BU 2009, 538.

[36] 1 The Office for Assistance and Protection (UAP) assumes the role of the Guardianship Office within the meaning of Art. 4 of the Act.

2 Subject to the principle of subsidiarity, the UAP undertakes the execution of measures requiring particular professional expertise.

3 …

4 The guardians of the UAP cannot invoke the grounds for exemption under Art. 400 para. 2 CC; however, they may contest their appointment for violation of the principle of subsidiarity of their office with respect to a private guardian.

5 They are subject to the general rules governing the activity of guardians.

[36] Art. amended by R 8.10.2013; in force since 15.10.2013 - BU 2013, 410; previous amendments: BU 2002, 76; BU 2006, 412; BU 2012, 618.

[37] 1 Every municipality shall provide the regional protection authority [38] with a list of suitable persons willing to assume mandates as guardians, and shall update it annually.

2 The main municipality, together with the municipalities of the district, must ensure an adequate number of professional guardians for the protection authority [39].

[37] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618; previous amendments: BU 2002, 76; BU 2006, 412.

[38] Denomination modified to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[39] Denomination modified to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[40] 1 Trustees are entitled to a fee for their services, fixed by the appointing authority, as well as to the reimbursement of expenses.

2 Upon assuming the mandate, the protection authority [41] defines with the trustee the hourly remuneration and the time presumably necessary for the execution of the mandate.

3 The claim for compensation and the statement of expenses must be submitted for approval to the competent authority with the annual account.

4 The trustee may request reimbursement of expenses or an advance on the compensation already during the year.

[40] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618; previous amendment: BU 2009, 538.

[41] Denomination changed to “ARP” by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[42] 1 The indemnity is determined taking into account the extent and complexity of the tasks conferred.

2 An indemnity ranging from Fr. 40.– to Fr. 80.– per hour is recognized.

3 The curator is obliged to promptly inform the protection authority [43] if the commitment exceeds the working time agreed upon at the acceptance of the mandate.

4 For car travel, an indemnity of Fr. 0.60/km is recognized; for other travel, the cost of a second-class ticket for public transport and, where indicated by the criterion of cost-effectiveness, any season tickets.

Special tasks [44]

[42] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618; previous amendment: BU 2009, 538.

[43] Denomination changed to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[44] Marginal note introduced by R 10.5.2023; in force since 1.6.2023 - BU 2023, 170.

1 If the performance of particular tasks requires recourse to persons with specific professional knowledge, for such duties a fee corresponding to that of the tariff applied in the relevant branch of activity is recognized.

**2 The fee calculated in accordance with the preceding paragraph may be reduced by 30% if the economic situation of the ward justifies it.**

[45] 1 The adoption of any protective measure presupposes an intervention plan decided by the regional protection authority [46]. The decision establishing the measure defines the problem, the objectives pursued, the means employed, the responsibilities, the deadlines for evaluating the results and for any redefinition of the plan.

2 Where necessary, a project manager may be appointed.

3 The regional protection authority [47] receives evaluation reports at the agreed deadlines and verifies the adequacy of the adopted measures.

[45] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[46] Denomination changed to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[47] Denomination changed to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

1 The compilation of the inventory is incumbent upon the curator and the delegate of the regional protection authority. [49] [50]

2 The inventory must be submitted as soon as possible; the regional protection authority [51] must approve it within sixty days from the entry into force of the measure.

3 If circumstances require, the regional protection authority [52] or the curator shall immediately order precautionary measures to safeguard the assets. [53]

4 Should it not be possible to submit and approve the complete inventory within the maximum period of sixty days, a provisional report shall be forwarded indicating the known assets and values, with a note of those presumed or to be verified.

[49] Para. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[50] Denomination amended to "RPA" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[51] Denomination amended to "RPA" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[52] Denomination amended to "RPA" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[53] Para. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

1 The inventory comprises all assets and liabilities of the ward.

2 Assets must be listed at their real value. If a property is registered at its "official estimated value," this must be indicated; assets of little value are recorded pro memoria.

3 Participation in ownership, such as the existence of insurance policies, movable or immovable pledges, encumbrances, or other rights, must be adequately reported.

[54] 1 At the request of the curator, the regional protection authority [55] may, if circumstances so advise, order the drawing up of the public inventory.

2 The task of drawing up the public inventory is entrusted to a notary who arranges for the publication of the summonses.

3 If the entry in the inventory of a specific asset or liability appears doubtful or is contested, the notary shall make a note thereof.

4 Once the inventory operations are completed, the notary closes it by transmitting it to the curator and the regional protection authority. [56]

5 The curator and the regional protection authority [57] remain competent for the adoption of any measures to safeguard the estate.

[54] Art. modified by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[55] Denomination modified to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[56] Denomination modified to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[57] Denomination modified to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

… [58]

[58] Art. repealed by R 19.12.2012; effective from 1.1.2013 - BU 2012, 618.

[59] 1 Each year, by the end of February, the guardian must submit to the regional protection authority [60] the moral report and/or the financial statement. For justified reasons, the regional protection authority may grant an extension.

2 The guardian must submit the reports to the ward who has reached sixteen years of age for examination and signature. If this is not possible, the guardian must provide the reasons.

3 The regional protection authority [61] approves the financial statements by June 30th.

[59] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[60] Denomination amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[61] Denomination amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

[63] The verification of accounts must be entrusted to a person internal to the secretariat or an external auxiliary having the necessary competencies. The responsibility for the approval of accounts lies with the regional protection authority. [64]

[63] Art. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 618.

[64] Denomination amended to "ARP" by R 11.6.2013; in force since 1.7.2013 - BU 2013, 277.

-27 … [65]

[65] Art. repealed by R 19.12.2012; effective from 1.1.2013 - BU 2012, 618.

The present regulation repeals: the regulation on guardianships and conservatorships of 18 January 1951 and the regulation concerning tariffs in matters of guardianships and conservatorships of 19 September 1995.

Entry into force [67]

[67] Marginal note introduced by R 10.5.2023; in force since 1.6.2023 - BU 2023, 170.

This regulation is published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and comes into force on January 1, 2001.

Transitional Provision [68]

1 The remuneration of curators for activities carried out up to December 31, 2012, shall be calculated on the basis of the previously existing legislation.

2 For mandates pending on January 1, 2013, the protection authority [69] has until December 31, 2013, to define an hourly remuneration with the curator according to Articles 16 and 17.

3 Until the regional protection authority [70] has defined a different indemnity with the curator, CHF 40.– per hour shall be recognised.

Transitional Provision [71]

Presidents in office on January 1, 2013, may be confirmed without the competitive selection procedure.

Published in BU 2000, 367.

[68] Transitional provision introduced by R 19.2.2013; in force from 1.1.2013 - BU 2013, 109.

[69] Denomination modified to "ARP" by R 11.6.2013; in force from 1.7.2013 - BU 2013, 277.

[70] Denomination modified to "ARP" by R 11.6.2013; in force from 1.7.2013 - BU 2013, 277.

[71] Transitional provision introduced by R 11.6.2013; in force from 1.7.2013 - BU 2013, 277.