Intensive pedagogical measures abroad in accordance with assistance under § 34 and § 35 SGB VIII. 

Section 78b SGB VIII ensures that the independent providers they commission involve the authorities of the host country, work together with embassies and consulates and only use specialists for care (professional requirement).

For the area of cross-border placements, the new Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and international child abduction (Brussels II b -Regulation) brought significant innovations: Under the old law, the question of whether the prior consent of the receiving state is required in the case of cross-border placement was based on the domestic law of the state in which the child is to be placed. The new version, on the other hand, no longer relies on the respective national law for consent, but regulates autonomously the requirement for prior consent, without which the placement decision must not be made.

If German courts or authorities (e.g. youth welfare offices) intend to place a child (e.g. in a home or a foster family) in another EU Member State (with the exception of Denmark), a consultation procedure under Article 82 in Brussels must be carried out before the placement takes place II b ordinance, under which the authorities of the state in which the child is to be placed (receiving state) are to be involved. The request is to be transmitted to the central authority of the receiving state via the central authority of the requesting member state (Article 82 paragraph 1 Brussels II b-Regulation).

Recital 11 of the Brussels II b-Regulation makes it clear that the regulations also apply to cross-border placements for educational reasons, which are arranged with the consent or at the request of the parents or the child as a result of the child’s problem behavior.

The approval of the competent authorities of the receiving country is required in advance for accommodation (Article 82 Paragraph 1 Brussels II b-Regulation). The decision on the placement can only be made and the placement can only take place if the competent authority of the host country has previously approved this placement (Article 82 Paragraph 5 Brussels II b-Regulation). The extension of a measure may only take place after prior approval.

As an exception, consent is not required if the child is to be placed with one of the parents (Article 82 Paragraph 2 Brussels II b-Regulation). For placements on their territory, Member States may designate further exceptions for categories of close relatives who can be placed without prior consent.

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UN Convention on the Rights of the Child (November 20, 1989). In early 1997, Switzerland ratified the UN Convention on the Rights of the Child. It emphasizes the responsibility of states for the protection and well-being of minors (up to the age of 18). This important document summarizes human rights in the child’s sphere of life. The Convention protects and recognizes children as individuals in their own right, with their own goals and will, and requires that the best interests of the child be paramount in all decisions affecting them. The child is thus also recognized as a legal personality.

FDFA website: Convention on the Rights of the Child

Article 11 of the Federal Constitution stipulates that children and young people have the right to special protection for their integrity and to support their development as part of their fundamental rights. Art. 41 and Art. 67 recognize the joint responsibility of the federal government and the cantons for the development of children and young people.

Federal laws of particular importance for children and young people are in particular:

Swiss Civil Code (ZGB). The Civil Code contains various articles on society’s responsibility when the well-being of a child is not or cannot be ensured by the parents or their legal representatives. Articles 307 to 317 provide for civil law measures to protect the child if there is a risk that the child’s physical, mental or psychological well-being will be harmed.

Since January 1st, 2013, the new adult protection law has taken over the function of the former guardianship law. Further information can be found at the Federal Office of Justice:

Swiss Criminal Code (StGB). The StGB contains various provisions regarding criminal acts against sexual integrity, which are intended to ensure that a child can develop undisturbed and only engage in sexual acts when it is sufficiently mature. Penalties are provided for mistreatment and sexual exploitation of minors (e.g. Art. 122ff., Art. 187ff., Art. 213, Art. 219).

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