Implementing regulation of the Act of 20 June 2006 on Daycare Services for Children (RLAJE) - Purpose (RLAJE)

1. The purpose of this regulation is to specify the conditions and the procedure for the granting, renewal, withdrawal, and refusal of authorizations arising from the OPE and LAJE.

2. The implementing provisions concerning the Foundation for Child Daycare are the subject of a specific regulation.

1. Any designation of person, status, position, or profession used in this regulation applies equally to both women and men.

1. Authorisations are issued and supervision is exercised by

a. the Office of Day Care for Children (hereinafter: the OAJE), for collective preschool day care;

b. the Intercommunal Establishment for Collective Primary Extracurricular Day Care (hereinafter: the EIAP) or its delegate, for collective primary extracurricular day care;

c. the municipality or the association of municipalities (hereinafter: the municipality), for family day care.

1. The competent authority shall draw up the list of documents constituting the file to be submitted for the issuance of an authorization and shall establish the necessary forms.

2. It may require any supporting documents and request additional information.

1. An operator or an organization responsible for the institution (hereinafter referred to as "the operator") is the natural or legal person who manages a collective day care institution.

1. The collaboration between the Service in charge of specialized pedagogy and the OAJE is the subject of an agreement concerning the educational support for children with special needs.

2. This agreement specifically defines the terms of access to the integration assistance benefit as referred to in Article 12 of the law of September 1, 2015, on specialized pedagogy (LPS), provided within a collective daytime care institution.

1. The Daycare and Primary School Extracurricular Collective Care Institution (hereinafter: the institution) submits its application for authorization or renewal of authorization to the competent authority at least two months before the anticipated commencement of the activity or the expiration of the authorization.

1. If, upon examination of the medical certificate required in accordance with the OPE, LAJE, and guidelines for preschool or primary school-age group day care, the competent authority has doubts about a person's ability to manage an institution due to their health condition, it may request the opinion of the cantonal physician.

1. Every institution must comply with fire police requirements.

2. The institution ensures that the notification duty pursuant to federal food hygiene legislation is respected.

1. To establish proof of its economic viability, the institution must provide

a. documents establishing reliable information on its financing and financial structure;

b. a business and financial plan for the first three years of operation.

2. The competent authority may require that the institution's accounts be audited by an approved auditor or expert auditor.

1. The authorization is, in principle, granted for a duration of five years to the institution and specifies the person or persons responsible for the educational management of the institution (hereinafter: the management).

2. The operator receives a copy of the authorization.

3. The authorization may be accompanied by duties and conditions.

4. It is prominently displayed on the premises of the institution.

1. In the event of modifications to the premises, the type of day collective care, the permanent capacity for care, changes in management, or operator, the institution shall submit a request for modification of the authorization to the competent authority.

1. The operator who intends to cease the authorized activity shall immediately inform the competent authority and the parents of the children accommodated.

1. Licenses are subject to the collection of a fee from the for-profit operator.

2. This fee ranges from CHF 100 to CHF 500.

1. **"Established Needs" Definition**: Established needs refer to a situation where the requests for Wednesday afternoon childcare for children enrolled in the 5th and 6th years of primary school, submitted to the municipality – or if the municipality is part of a day care network, to that network – reach half the maximum number of children (rounded up to the nearest whole number, if applicable) that can be supervised by an adult for this age group according to the current framework guidelines.

2. **Organization of Childcare**: In the event of established needs identified during the school year, but no later than one month before the end of said year, the municipality, or the day care network where applicable, shall organize collective extracurricular childcare on Wednesday afternoons for children enrolled in the 5th and 6th years of primary school by the start of the next school year at the latest.

3. **Capacity Requirements**: The number of childcare slots offered simultaneously must be at least equivalent to half the maximum number of children (rounded up to the nearest whole number, if applicable) that can be supervised by an adult for this age group according to the current framework guidelines.

1. The competent authority may request from the institution, at any time, any information or document necessary for its supervisory task.

2. It conducts regular inspections and visits, whether announced or unannounced, to institutions at least once every two years.

1. The competent authority shall be informed without delay by the management of the institution or the operator

a. of any significant change in the staffing ratio or the permanent reception capacity;

b. of the intention to make significant changes to the organisation, equipment, or activity of the institution, including decisions to expand or cease operation of the institution;

c. of any particular event related to the health or safety of the children accommodated, especially serious illnesses, accidents, or deaths.

1. In the event of hiring new personnel, the management shall conduct the verifications required by the OPE, the LAJE, and the guidelines for group day care, preschool, or primary extracurricular care, if applicable, by seeking the intervention of the competent authority.

1. When the competent authority learns or determines that the conditions of collective day care for preschool or primary extracurricular care are not satisfactory, it may conduct an investigation to elucidate the circumstances, progression, and causes of this situation.

1. At the conclusion of the inquiry, the competent authority shall, depending on the seriousness or repetition of failures to comply with the OPE, the LAJE, or the directives for collective day care for preschool or primary school-aged children, pronounce

a. a warning to the management;

b. a temporary or definitive closure of the institution;

c. a temporary or definitive prohibition from admitting children.

2. In due course, it shall inform the parents of the children in care of the measures taken and shall collaborate with them to find a solution for the children's care.

1. The individual who wishes to engage in daytime family care (hereinafter: the applicant) as defined in Article 15, paragraph 1 of the Childcare Act (LAJE), shall submit a written application for authorization to the municipality of their place of residence.

2. The applicant must provide a medical certificate and a standard and special extract from their criminal record, dated no more than six months prior to the application submission.

3. The applicant must also submit a standard extract from the criminal record, dated no more than six months prior to the application submission, for all adults residing in the same household.

1. If any of the conditions set for daytime family care by the OPE, the LAJE, and the guidelines for daytime family care is not initially met, the municipality denies the authorization.

2. It informs the coordinator and the OAJE of its decision.

1. When the municipality considers the authorization request, it assigns the coordinator to conduct a socio-educational investigation into the applicant.

2. The coordinator meets with the applicant several times, including at least once at their residence. They ensure that the applicant possesses the personal qualities and educational skills required by the guidelines for family day care. To this end, the coordinator may request necessary information or documents and meet with individuals living in the applicant’s household.

3. During the investigation, and to the extent necessary for the prevention of endangerment factors or the protection of children who may be cared for, the coordinator, the competent authorities, and the relevant services exchange personal and sensitive data related to the applicant and individuals living in their household, subject to their respective consent.

4. The coordinator verifies with the OAJE whether the applicant has previously been denied authorization, had authorization withdrawn, or been prohibited in matters of family or group day care.

1. Upon the conclusion of the socio-educational investigation, the coordinator drafts a report directed to the municipality, including her recommendation.

2. She attaches the written commitment of the candidate to enroll in the introductory course on daytime family care activities and to attend it during the validity period of the provisional authorization.

1. The municipality decides on the granting or refusal of the provisional authorization to practice daytime family care, taking into account the documents in the file, the coordinator's report, and her recommendation.

2. It informs the coordinator of its decision and, in the event of a refusal, the OAJE.

1. The provisional authorization to conduct daytime family care is generally granted for a duration of 18 months and specifies the age and number of children who may be admitted simultaneously.

2. It may be subject to obligations and conditions.

3. If, for reasons beyond her control, the holder of the provisional authorization was unable to attend the introductory course on daytime family care activity, the provisional authorization may be extended upon request once for a period of six months.

1. The coordinators shall communicate each month the updated list of holders of a provisional authorization to practice daytime family care to the body responsible for organizing the introductory courses, designated by the OAJE.

**1. Before deciding on granting or refusing the final authorization for day family care, the municipality orders an update of the socio-educational investigation as provided in Article 23.**

**2. At the conclusion of the update of the socio-educational investigation, the coordinator drafts a report for the municipality and attaches her recommendation.**

1. The municipality decides on the granting or refusal of the definitive authorization to conduct daytime family care, taking into account the documents in the file, the coordinator's report, and their prior notice.

2. It informs the coordinator of its decision and, in case of refusal, the OAJE.

1. The final authorization to provide day family care is generally granted for a period of five years and specifies the age and number of children who may be cared for simultaneously.

2. It may be subject to charges and conditions.

1. The holder of a permanent authorization to practice day family care must submit in writing their application for the renewal of the permanent authorization to the municipality two months before the scheduled expiration date.

1. The municipality assigns the coordinator to conduct at least one annual visit to the home of the holder of a license to provide family daycare services.

2. The coordinator may, at any time, visit the home for an unannounced inspection to ensure that general conditions as well as specific requirements and conditions are being met.

3. In the event of a refusal of access to the home, the coordinator informs the municipality, which may make a decision, including the revocation of the authorization.

1. When the municipality becomes aware that the holder of a provisional or permanent authorization to provide daytime family care is the subject of administrative, civil, or criminal proceedings for acts that may justify the withdrawal of the authorization, it may suspend said authorization until the outcome of the proceedings is known.

2. In due time, the municipality informs the coordinator, the OAJE, and the parents of the children cared for of the decision to suspend the provisional or permanent authorization and collaborates with them to find a solution for the care of the children.

3. Upon conclusion of the administrative, civil, or criminal procedure that led to the decision to suspend the provisional or permanent authorization, the municipality re-examines the latter and makes a ruling.

1. If the holder of a provisional or permanent authorization to operate a daytime family care does not comply with the conditions resulting from the authorization regime, the municipality orders an investigation, which is entrusted to the coordinator, except in cases of imminent peril as defined in Article 19, paragraph 2, LAJE.

2. Based on the case files, the coordinator's investigation report, and their advice, the municipality grants the holder of a provisional or permanent authorization to operate a daytime family care a deadline to take the necessary measures to remedy the observed shortcomings.

3. If measures are not taken, have no effect, or appear insufficient, the municipality withdraws the provisional or permanent authorization to operate a daytime family care.

4. In due time, the municipality informs the coordinator, the OAJE, and the parents of the children being cared for about the measures taken and collaborates with them to find a solution for the children's care.

1. When the OAJE learns or observes that the conditions of family day care are unsatisfactory, it may conduct an investigation to clarify the circumstances, progression, and causes of this situation.

2. It informs the municipality and the coordinator.

1. At the conclusion of the investigation, the OAJE shall, depending on the seriousness or repetition of the breaches of the OPE, the LAJE, or the directives for family day care, pronounce

a. a warning;

b. a temporary or permanent prohibition from caring for children.

2. In due course, it shall inform the municipality, the coordinator, and the parents of the children in care of the measures taken and shall collaborate with them to find a solution for the children's care.

1. Article 15 is applicable upon the expiration of the three-year period provided for by Article 62c LAJE.

1. The Implementing Regulation of 13 December 2006 of the Act of 20 June 2006 on Child Daycare is repealed.

1. The Department of Infrastructure and Human Resources is responsible for the implementation of this regulation, which enters into force on August 1, 2019.