Child Protection: AEPCA Measures in Switzerland

The AEPCA (art. 440 CC)

Competent authority for child protection since 1 January 2013. Interdisciplinary body of at least three members. The AEPCA at the child's domicile has jurisdiction (art. 315 para. 1 CC); emergency measures may be taken where the child is located (art. 315 para. 2 CC).

Graduated Measures (proportionality)

1. Reminder of obligations (art. 307 para. 3 CC): least intrusive. Instructions to parents.
2. Educative curatorship (art. 308 CC): curator assists parents. Most common measure. Does not remove parental authority.
3. Limitation of parental authority: in specific domains.
4. Removal of right to determine residence (art. 310 CC): out-of-home placement. Last resort after less intrusive measures fail (ATF 140 III 241).
5. Withdrawal of parental authority (art. 311-312 CC): most serious. A guardian is appointed (art. 327a CC).

Procedure

Reporting: Anyone may report (art. 314c para. 1 CC). Certain professionals have mandatory reporting obligations (art. 314d CC).

Hearing: The child must be heard appropriately (art. 314a CC). A child capable of discernment may personally appeal (art. 314abis para. 1 CC).

Remedies: Appeal to cantonal court within 30 days (art. 450 CC) for violation of law, incorrect facts, or inappropriateness (art. 450a CC).