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Information on legal remedies («Rechtsmittelbelehrung»)

Every KESB or court decision contains information on legal remedies. It can always be found at the end of a decision. This information indicates the next higher instance to which the person concerned can lodge an appeal. These instances differ from canton to canton. The decision also states how much time those affected have to do so. As a rule, this is 30 days (Art. 450 b para. 1 ZGB). In the case of care-related hospitalisation, however, it is only 10 days (Art. 450 b para. 2 ZGB). These time limits cannot be extended. The Federal Supreme Court decides in the last instance.

Inspection of files («Akteneinsicht»)

Any person involved in the proceedings may inspect the files at the competent child and adult protection authority. This right is available to the children concerned, their parents, the legal representative assigned to the case as well as persons affected by a child and adult protection measure.

The right to inspect files is regulated by federal law for child and adult protection proceedings (Art. 449b ZGB). Affected parties must submit an application so that they can inspect the files on site, take notes or - at their own expense - make photocopies. Photographs may also be taken with a smartphone. However, stapled or bound bundles of files may not be opened.

If close relatives or third parties can prove that they have a legally protected interest in a decision made by the authorities, they may also be granted the right of inspection in exceptional cases. However, the mere submission of a risk report is not sufficient justification for this.

Instruction («Weisung»)

If parents are unable to cope with bringing up their children, the KESB can intervene. This is particularly the case if the children's development is jeopardised. The authority prescribes measures appropriate to the situation. It can instruct the parents to do certain things or to refrain from doing others (Art. 307 para. 3 ZGB). This means that the authority can, for example, instruct them to regularly attend parenting counselling for a period of time and to refrain from using unhelpful parenting methods. The specialist centre records the extent to which the parents have improved their parenting skills in a report for the authorities. The measure is not limited to the area of parenting alone. The KESB can refer those affected to mediation, medical appointments or psychological counselling.

Inventory («Inventar»)

When an deputy takes on a mandate and has to manage the assets of the person concerned, they first draw up an initial inventory. This provides an overview of income and assets. In future, the adviser can then manage the accounts of the person concerned or carry out other transactions on their behalf. To do this, they must also obtain the relevant bank statements, securities deposits or promissory notes, for example. Finally, the inventory must be approved by the KESB (Art. 416 para. 2 ZGB).

If the person concerned also has to go to an institution, the deputy must clear out the home and make an inventory of valuable items such as coins or furniture. This normally only happens with the consent of the person concerned. However, if they can no longer give their consent themselves, access to the home is only permitted with the authorisation of the KESB (Art. 391 para. 1 ZGB).

Child protection is particularly concerned with the protection of the child's assets. If one parent dies, the other party must submit an inventory of the child's assets to the KESB. Without the authorisation of the authority, they may not, for example, simply use it to finance ongoing maintenance.

KESCHA
Dörflistrasse 50
8050 Zurich

nfkschch

Consultations by telephone only
+41 44 273 96 96

Opening hours

Monday - Thursday

09.00 - 11.30 a.m.

14.00 - 16.30


Friday


14.00 - 16.30