implementing Federal Adult and Child Protection Law (LVPAE) - Object, Purpose, and Scope (LVPAE)

1. This law establishes the jurisdiction of the authorities for the protection of adults and children, as well as the applicable procedure before these authorities.

2. It also contains the cantonal supplementary provisions to the Swiss Civil Code [A] concerning the protection of adults and children.

3. Unless otherwise provided by this law, the provisions of federal law on the protection of adults and children apply to legal relationships governed by Vaud public law.

1. In this law, any designation of person, status, or function refers equally to a woman or a man.

2. The term protection authority pertains to both the adult protection authority and the child protection authority.

1. The provisions of this chapter shall apply by analogy to the child protection authorities, including those related to placement for assistance purposes.

1. The protective authority within the meaning of the Swiss Civil Code [A] is the Justice of the Peace.

2. When appointing the assessors, the Cantonal Court ensures that interdisciplinarity is guaranteed.

1. The following fall under the sole competence of the president of the protection authority

a. the determination of validity, interpretation, and completion of an enduring power of attorney (Art. 363 and 364 CC [A]);

b. intervention when the interests of the person benefiting from an advance directive or a measure applied by operation of law are at stake (Art. 368, 373, 374 para. 3, 376, 381, 385 and 386 CC), with the restriction or withdrawal of a power of representation and the establishment of a curatorship remaining reserved;

c. placement for assistance purposes in urgent cases, if the protection authority cannot convene as quickly as necessary;

d. the appointment of a curator within the meaning of Article 449a CC;

e. the approval of parental agreements relating to child maintenance (Art. 287 para. 1 and 2, 288 para. 2 no. 1 and 134 para. 3 CC) or parental authority (134 para. 3 CC), the receipt of joint parental declarations relating to joint parental authority (Art. 298a para. 4 CC), the receipt of agreements on the allocation of care credits (Art. 52f bis para. 3 OASI Act [B]) and the decision on the allocation of care credits if this question is not regulated by the parents (Art. 52f bis para. 3 OASI Act);

f. the appointment of a curator for the child within the meaning of Article 314a bis CC;

g. the registration of consent to adoption given by the child's parents (Art. 265a para. 2 CC);

h. the establishment of the public inventory (Art. 405 para. 3 CC) and the request to the surviving parent to establish the inventory of the child's assets (Art. 318 para. 2 CC);

i. the appointment of a curator for the conceived child if the safeguarding of its interests so requires (Art. 544 para. 1bis CC);

j. the decision on provisional measures (Art. 445 and 314 para. 1 CC);

k. the decision not to entertain abusive or manifestly ill-founded reports and requests (Art. 12 para. 4 LVPAE);

l. the assignment of a mandate to a third party or the designation of a qualified person or office (Art. 392 no. 2 and 3 CC);

m. the granting or refusal of consent to the acts of the legal representative (Art. 327c para. 2, 374 para. 3, 416 and 417 CC);

n. the exemptions that may be granted within the framework of a curatorship entrusted to relatives (Art. 420 and 327c para. 2 CC);

o. the delegation to the institution of the competence to release a person placed for assistance purposes (Art. 428 para. 2 CC);

p. the approval or refusal of the reports and accounts submitted to it, as well as the determination of the curator's remuneration (Art. 318 para. 3, 322 para. 2, 324 para. 2, 327c para. 2, 368 para. 2, 404 para. 2, 415 para. 1 and 425 para. 1 CC);

q. the provision of information stating that a specific person is subject to a protective measure (Art. 451 para. 2 CC);

r. the change of professional curator or guardian.

1. The president of the protective authority may delegate to a single member of the authority

a. the express invitation to parents to attempt mediation (Art. 314 para. 2 CC [A]);

b. intervention to ensure the safeguarding of the child's assets in the cases provided for by Articles 318 to 322 CC;

c. the search for persons capable of assuming a mandate as curator or guardian (Art. 400 paras. 1 and 2 and 327c para. 2 CC);

d. the task of providing the curator or guardian with the instructions, advice, and support they need to perform their duties (Art. 400 para. 3 and 327c para. 2 CC);

e. the task of collaborating in the establishment of the inventory prepared when the curator takes office (Art. 405 para. 2 CC);

f. the communication to debtors of the existence of a curatorship restricting the exercise of civil rights (Art. 452 para. 2 CC);

g. the communication to the civil status office of the existence of a general curatorship or a mandate in case of incapacity (Art. 449c CC);

h. the preliminary verification of accounts submitted for approval to the protective authority and the examination of reports addressed thereto (Art. 318 para. 3, 322 para. 2, 324 para. 2, 327c para. 2, 368 para. 2, 415 para. 1 and 425 para. 1 CC);

i. the request for the establishment of an inventory within the framework of a succession (Art. 553 para. 1 no. 3 CC).

1. The Cantonal Court is the supervisory authority.

1. The Cantonal Court rules on appeals against the decisions of the protection authority, its president, or one of its delegated members.

1. The Law of May 29, 1985 on Public Health [C] specifies which doctors are authorized to order a placement for a maximum duration of six weeks, as well as the conditions to be met by these doctors.

1. The justice of the peace hears appeals as referred to in Article 439 CC [A].

1. The State designates, within specific legislations, the entities of professional guardians and curators.

1. The entity responsible for professional guardianships for adults is the competent authority in matters of international protection of adults.

2. The Act of October 28, 2008, on Administrative Procedure [D] applies to decisions made by this authority.

1. The general provisions (Articles 1 to 196) and, by analogy, those relating to summary procedures (Articles 248 to 270) of the Swiss Code of Civil Procedure [E] are applicable as a supplement to this law in matters of intervention procedures by the authorities for the protection of adults and children.

2. Article 109 of the Vaud Judicial Private Law Code [F] is furthermore applicable to the decisions referred to in Articles 5, 6, and 9 of this law.

1. Proceedings before the protection authority are initiated by

a. a report;

b. the submission of an application;

c. the referral to the authority in cases provided for by the Swiss Civil Code [A];

d. the opening of proceedings ex officio.

2. Proceedings are deemed opened ex officio when the protection authority notifies the persons concerned or when it takes steps with third parties.

3. The report to the protection authority must be made in writing and include the identity of the reporting person.

4. The protection authority will not entertain abusive or manifestly ill-founded reports and applications.

1. The person concerned by the report is a party to the proceedings before the protection authority.

2. Any person who demonstrates a protectable interest may, upon request, be a party to the proceedings.

1. The President of the Protection Authority conducts the investigation.

2. The President of the Protection Authority is required to inform the individual concerned of the initiation of an investigation.

3. Cantonal and communal administrative authorities are obliged to provide information and documents requested by the Protection Authorities free of charge.

4. Depositions are summarized in the minutes of the hearing regarding what is useful to retain and are signed by the author.

5. If the individual concerned, despite being duly summoned, does not appear, the President of the Protection Authority may issue a warrant for their arrest.

6. The investigation takes place independently of the presence of other parties.

7. The President of the Protection Authority submits the completed investigation to the Protection Authority.

8. The Protection Authority may order additional investigation.

1. In principle, the hearing of the person concerned is conducted by the collegiate authority.

2. When the interest of the person concerned so requires, the hearing may be conducted by a single member or by another qualified person.

1. The consultation of the file takes place at the headquarters of the protection authority.

2. The protection authority must issue copies of the documents. It may charge a fee.

1. No advance fees are charged before the protection authority.

1. If the authority orders a measure or rejects an application for its lifting, the costs may be charged to the person concerned.

2. If the measure is not ordered, the costs may be charged

a. to the person concerned if their conduct gave rise to the proceedings;

b. to the person who requested the measure if their application is abusive.

3. In other cases, the costs shall be borne by the State.

4. Articles 27 and 38 of this Act are reserved.

1. Subject to Articles 450 to 450e of the Civil Code [A], the provisions of the Code of Civil Procedure [E] relating to appeals apply to the appeal proceedings.

2. The Cantonal Court may order hearings.

1. Subject to the rules of the Civil Code [A] on placement for assistance purposes (Art. 426 et seq. CC) and the following provisions, Chapter 2 of this title applies by analogy to the procedure concerning placement for assistance purposes.

1. Emergency measures taken by the president of the protection authority, in accordance with Article 445, paragraph 2 CC [A], cannot be subject to either an appeal or a review.

2. These measures must be confirmed or overturned, on a provisional basis, by the protection authority within 20 days.

1. The physician who issues the placement decision instructs the patient to go to the designated establishment.

2. If necessary, the physician calls upon the patient's relatives, and if it is not possible to proceed otherwise, the public authority is involved through the prefect.

1. The provisions of federal and cantonal law regarding placement for the purpose of assistance apply by analogy to individuals who, due to mental disorders, pose a serious threat to themselves or to the physical integrity or health of their relatives or third parties, when hospitalization in a psychiatric facility appears necessary and the danger cannot be averted otherwise.

2. In such situations, any person with a direct interest or any concerned authority can request the placement and appeal against a refusal of placement.

1. In the event of an appeal to the judge (Art. 439 CC [A]), the competent authority is either the authority of the domicile of the person concerned or the authority of the location of the establishment where the person is placed or released.

1. The person subject to the measure is informed in writing of their rights.

2. When a person subject to a measure within the meaning of Articles 393 to 398 CC [A] is placed by a physician, the management of the institution notifies the guardian and the trusted person, if they are known.

3. For persons domiciled in another Swiss canton, the notice must be sent to the protection authority of the canton of domicile.

1. When placement for the purpose of assistance is ordered by a physician, the costs of the procedure are advanced and borne by the State.

2. When placement for the purpose of assistance is ordered by a judicial authority, the costs may be charged to the person placed. The same applies in the event of rejection of a request for the lifting of the placement.

3. When the judicial authority refuses a request for placement or rejects a request to maintain the measure, the costs shall be borne by the applicant if their request is abusive.

1. Independent non-profit organizations may be recognized by the department in charge of health and social action to offer their assistance and advice to individuals placed in institutions according to Articles 426 et seq. of the Civil Code.

1. When a reason for placement for assistance purposes exists, but the care required by the individual can still be provided on an outpatient basis, the physician authorized according to Article 9 of the present law or the protection authority may prescribe such outpatient treatment and the terms for monitoring its follow-up.

2. The decision designates the physician responsible for the treatment and sets the framework for monitoring the person concerned.

3. The same procedure applies when it is justified to plan outpatient measures upon the discharge of a person placed in an establishment for assistance purposes.

4. If the person concerned evades the scheduled checks or otherwise compromises the outpatient treatment, the physician responsible for the treatment notifies the protection authority, which may decide on placement or reintegration as necessary.

1. The provisions of this chapter apply by analogy to a minor placed in an institution within the meaning of Article 314b CC [A].

1. Subject to the provisions of this chapter, the procedural rules applicable before the adult protection authority also apply before the child protection authority.

2. Furthermore, the provisions of the law of May 4, 2004, on the protection of minors (LProMin) [G] are also reserved.

1. Any person who, in the course of exercising a profession, holding an office, or performing a function related to minors, whether exercised as a primary, ancillary, or auxiliary capacity, becomes aware of a minor appearing to be in need of assistance, is obligated to report it simultaneously to the protective authority and the service responsible for the protection of minors (hereinafter: the service).

2. This obligation particularly applies to members of judicial, educational, and ecclesiastical authorities, health professionals, and members of the teaching staff, those involved in sports, prefects, municipalities, police officers, social workers, educators, school psychologists, psychomotor therapists, and speech therapists.

1. The service responsible for the protection of minors [H] assesses the urgency of the reported situation and, if necessary, submits a request to the protection authority so that it may take the necessary measures.

2. In case of imminent danger threatening the minor and when the competent judicial or child protection authority cannot timely take the immediately necessary measures for the protection of the minor, the service or, for minors entrusted to it, the head of the entity of professional guardians and tutors, may take essential emergency measures.

3. Article 28 LProMin [G] is applicable.

1. For any report, the service shall, on its own initiative, proceed to assess the situation for the attention of the protection authority, with the aim of identifying any endangerment to the child's development and the parents' capacity to address it.

2. In this context, the service gathers necessary information and considers the opinions of the relevant professionals. It informs the parents or the legal representative, except in cases of an immediate heightened risk of recurrence and risk of loss of evidence. The jurisdiction of the judicial authorities is reserved.

3. When the service becomes aware, in the context of its assessment of the reported situation or the care of the minor, of facts that may constitute an offense subject to automatic prosecution in the field of child protection, it reports them to the competent criminal authority and informs the protection authority.

4. Based on its assessment, the service submits a report to the protection authority.

1. On the basis of the service report and any additional investigative measures it deems useful, the child protection authority may

a. consider that the situation described in the report can be resolved without its intervention and close the procedure;

b. order an investigation into the limitation of parental authority or provisional protective measures;

c. take child protection measures within the meaning of Articles 307 et seq. CC [A].

2. Subparagraphs a and b of paragraph 1 fall within the competence of the president of the child protection authority.

3. The child protection authority shall appropriately inform the reporting person and the service of the follow-up given to the report.

4. If the child protection authority intends to take measures before receiving the report, it shall coordinate with the service.

1. When provisional measures have been ordered, the protective authority must, within six months from the order, render a decision on the merits or reconsider the said measures.

1. Within 10 days from the notification of the judgment, the notifier, the persons subject to the notification, and any interested parties may appeal to the Cantonal Court.

2. The provisions of Articles 450 et seq. of the Civil Code [A] and Article 19 of this law apply by analogy.

1. The fees and expenses incurred by measures taken for child protection in the broadest sense shall be borne by the obligors of the child's maintenance obligation.

2. However, they may, depending on the circumstances, be allocated differently or borne by the State.

3. When the procedure has been initiated due to a report later deemed to be abusive, the costs shall be charged to the reporter.

1. Upon receiving a request from the parents for reinstatement of parental authority or for the modification or removal of measures limiting parental authority, the protection authority forwards the request for determination to the service if it holds a mandate over the child.

1. In principle, the following protection mandates are entrusted to a private guardian/curator

a. protection mandates for which a person meeting the legal conditions for appointment voluntarily offers their services or accepts their designation at the request of the ward;

b. protection mandates that can be entrusted to a notary, lawyer, fiduciary, or any other private professional with the required expertise to manage a financial estate;

c. protection mandates concerning wards placed in an institution that provides continuous care;

d. protection mandates which, after their opening and complete update, only require administrative and financial management of the ward's assets;

e. all cases not falling under paragraph 4.

2. A private guardian/curator may only be appointed after being offered free basic training. Continuous training for the guardian/curator is ensured. They receive a complete and updated guardianship/curatorship file, including all financial data of the ward.

3. The State provides appropriate technical support to private guardians and curators.

4. In principle, the following protection mandates are entrusted to the entity of professional curators and guardians, clearly presenting the following characteristics

a. dependency problems related to hard drugs;

b. any other unstable dependency problem or where the prescribed medication or therapy is not followed by the person concerned;

c. severe unstable psychiatric illnesses;

d. health impairments whose treatment involves meetings of various social or medical stakeholders;

e. behavioural deviance;

f. marginalization;

g. problems related to the divestment of assets;

h. all emergency cases within the meaning of Article 445 SCC [A], subject to the cases referred to in letters a and b of paragraph 1 of this provision;

i. any other case which, in light of letters a to h of this paragraph, can be objectively assessed as too burdensome for a private guardian/curator to manage.

5. Ex officio or upon request, the Justice of the Peace examines whether mandates entrusted to private guardians present any of the characteristics provided for in paragraph 4. If so, it immediately assigns them to the entity of professional guardians/curators within the meaning of Article 11 of this law. Conversely, upon request of this entity, the Justice of the Peace immediately assigns to a private guardian mandates that no longer meet any of the conditions provided for in paragraph 4.

1. When the measure concerns an adult and cannot be entrusted to a private guardian, it is entrusted to an entity provided for in Article 11 of this law.

2. The protection authority appoints a collaborator of the said entity, upon the proposal of the latter.

1. When the measure involves a minor, it may be entrusted to an entity provided for in Article 11 of this law.

2. The protection authority appoints a collaborator from the said entity, upon the proposal of the latter.

1. The inventory of patrimonial assets as defined in Article 405, paragraph 2 CC [A] is drawn up in the presence of the curator or the guardian and in the forms prescribed by the TC.

2. The public inventory of Article 405, paragraph 3 CC is drawn up according to the forms of Articles 109 et seq. and 138 et seq. CDPJ [F].

3. Upon the death of one of the parents, the protection authority summons the surviving parent and sets a deadline for establishing the inventory of the child's assets required by Article 318, paragraph 2 CC.

4. If the surviving parent does not comply, they are summoned under threat of penalties provided for by Article 292 of the Swiss Penal Code [I].

5. Furthermore, the protection authority is competent for the measures provided for in Articles 318, paragraph 3, and 322, paragraph 2 CC.

1. The concerned person, aged at least 16 years and capable of discernment, shall, as far as possible, be summoned to the inventory of their assets and the rendering of accounts, and consulted for any major administrative act.

2. A mention of the presence of the concerned person or the reasons for their absence shall be made in the minutes of the inventory and the rendering of accounts.

1. The Cantonal Court shall determine, by regulation [J], all matters related to accounting, the form of reports, the submission of curatorship accounts, and the tariffs.

2. The State Council is competent to enact the implementing provisions of the Federal Council's ordinance regarding the placement and safeguarding of property (Art. 408, para. 3 CC [A]).

1. The Cantonal Court maintains a register of protective measures.

2. The purpose of the register is to ensure the monitoring of protective measures and public information (Art. 451 para. 2 CC [A]).

3. Authorities that have ordered such a measure must report it without delay

a. for physicians who have ordered a placement for assistance purposes, to the cantonal physician;

b. for protection authorities, to the Cantonal Court.

4. Institutions in which persons subject to a placement for assistance purposes are located must also report any modification of the measure taken, and particularly its lifting, to the cantonal physician.

5. The AHV number of the persons concerned may be systematically integrated into the register.

6. The Cantonal Court issues regulations concerning the maintenance of the register and the information it contains.

1. Access to the register is granted, where applicable through an appeal procedure, to

a. adult and child protection authorities;

b. the cantonal physician and their deputies.

2. The Cantonal Court may, by way of regulation, grant access to the register to other state entities or delegates of public tasks, to the extent necessary for the performance of the missions they must accomplish.

1. If the person concerned is indigent, the State reimburses the guardian for their expenses. Upon the approval of the accounts, it grants them a fair remuneration, considering the work completed for the elapsed accounting period.

2. The cantonal court sets the remuneration rate for the guardian by regulatory means.

1. The provisions of the law of May 16, 1961, on the liability of the State, municipalities, and their agents [L] apply to the conditions of the right of recourse within the meaning of Article 454, paragraph 4 CC [A].

1. The provisions of this law apply from the moment it comes into force.

2. Appeals pending at the time this law comes into force are handled according to the former law.

1. The Council of State is responsible for the execution of the present law. It shall publish the text, in accordance with Article 84, paragraph 1, letter a) of the cantonal constitution and shall set, by decree, the date of its entry into force.