Since January 2013 in Switzerland we have a new Child and Adult Protection law . The institution KESB (Kinder- und Erwachsenenschutzbehörde) is an interdiciplinary professional authority which was built in order to protect the rights of children and adults which are not capable of doing this for themselves. This institution is supported by Chancellery, Legal Services and Social Investigation Service of each local community.
Since January 2013 we have a new Child and Adult Protection law in Switzerland. The institution KESB (Kinder- und Erwachsenenschutzbehörde) is an interdisciplinary professional authority which was created in order to protect the rights of children and adults who are not capable of doing this for themselves. This institution is supported by the chancellery, legal services and the social investigation service of each local community.
Lately there have been many negative articles about KESB in the media and in the next parliamentarian session this institution will be an important subject for the national politicians. The institution which has been built up is necessary in some cases, in others the bureaucracy is a real burden for the affected.
KESB will get involved in following cases:
- A child or an adult is in danger due to someone from their private surrounding
- Place in custody, take away parental care rights and foreign placement of children under certain conditions
- Naming of (and close supervision) a person to overlook and protect the rights of children or adults who are not capable of doing this themselves (think patients in a coma or temporarily or permanently mentally incapacitated).
- Decisions about legal representation of incapacitated persons
- Control of measures according to the needs of the person under their protection in living and care facilities
- Secure joint parental custody and finances of children with unmarried parents
- Regulation of difficult personal relations between parents and their children
For all people living in Switzerland it is important to understand and know what the duties of this rather new institution are, how it can affect everyone’s life and how to protect oneself and our beloved ones.
Be aware, that it can affect anyone.
KESB gets involved when children are in danger as much as when an adult, out of health reasons, is not capable of making clear and conscious decisions – regardless of whether that person has a family member who is able to deal with this. As soon as somebody is considered incapacitated and the KESB is informed, a process starts in order to decide if this person needs a custodian or assistant who is in charge of controlling and managing the different aspects of this person’s life. The monitored areas in a person’s life can be in the following sectors: finances, juridical, social and/or health. The custodian may be somebody from the family or an independent person, hired by the state. If it is a family member this person will have to apply for the job of custodian and will be investigated by the KESB to decide whether he/she is capable of doing the job. Even as a family member the custodian will be obliged to hand in a yearly accounting on his/her finances and a report on the year’s important issues, contracts, changes in living situation etc.
