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Art. 296360
1 Parental responsibility serves the best interests of the child. 2 Until such time as they attain the age of majority, children remain the joint parental responsibility of their father and mother. 3 Parents who are minors or subject to a general deputyship may not exercise parental responsibility. When the parents attain the age of majority, they are assigned parental responsibility. If the general deputyship is revoked, the child protection authority shall assign parental responsibility in a manner appropriate to the child's best interests. 360 Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
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Art. 297361
1 If the parents have joint parental responsibility and one parent dies, the surviving parent retains sole parental responsibility. 2 If a parent who has sole parental responsibility dies, the child protection authority shall assign parental responsibility to the surviving parent or if a legal guardian is appointed for the child, to the person more suited to safeguarding the child's best interests. 361 Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
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Art. 298362
Ater. Divorce and other marital proceedings
1 In divorce proceedings or proceedings to protect the marital union, the court shall assign one parent sole parental responsibility if this is necessary to safeguard the child's best interests. 2 It may limit itself to regulating residence, contact or sharing of parenting duties if there is no prospect of the parents agreeing on these matters. 2bis When regulating residence, contact and the sharing of parenting duties it shall take account of the right of the child to maintain regular personal relationships with both parents.363 2ter Where joint parental responsibility is awarded, with respect to the child’s best interests, it shall consider the possibility of the child residing with both parents on an alternating basis, if this is requested by one of the parents or by the child.364 3 It shall request the child protection authority to appoint a legal guardian for the child if neither the mother nor the father can be expected to accept parental responsibility. 362 Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). 363 Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529). 364 Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529).
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Art. 298a365
Aquater. Recognition and court declaration of paternity
I. Joint declaration by the parents
1 If the parents are not married to each other and if the father recognises the child, or the parent-child relationship is established by court judgment but joint parental responsibility was not ordered at the time of the judgment, joint parental responsibility is established based on a joint declaration by the parents. 2 In the declaration, the parents confirm that they: - 1.
- are prepared to accept joint responsibility for the child; and
- 2.
- have agreed on residence and contact or on the sharing of parenting duties and on the child maintenance contribution for the child.
3 Before making the declaration, the parents may seek advice from the child protection authority. 4 If the parents make the declaration at the same time as recognising paternity, the declaration is made to the civil registrar. A subsequent declaration must be made to the child protection authority at the child's domicile. 5 Unless and until the declaration has been made, the mother has sole parental responsibility.
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Art. 298b366
II. Decision of the child protection authority
1 If a parent refuses to make a declaration on joint parental responsibility, the other parent may request the child protection authority at the child's domicile to intervene. 2 The child protection authority shall order joint parental responsibility, unless the mother should retain sole parental responsibility or sole parental responsibility should be assigned to the father in order to safeguard the child's best interests. 3 At the same time as deciding on parental responsibility, the child protection authority shall regulate any other matters in dispute. An action for payment of the maintenance contribution may be brought before the competent court; in such a case the court also decides on parental responsibility and other matters relating to the child.367 3bis In its decision on residence, contact and the sharing of parenting duties, the child protection authority shall take account of the right of the child to maintain regular personal relationships with both parents.368 3ter Where joint parental responsibility is awarded, with respect to the child’s best interests, it shall consider the possibility of the child residing with both parents on an alternating basis, if this is requested by one of the parents or by the child.369 4 If the mother is a minor or subject to a general deputyship, the child protection authority shall assign parental responsibility to the father or appoint a legal guardian for the child, depending on which measure is more suitable to safeguard the child's best interests. 366 Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). 367 Second sentence amended by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529). 368 Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529). 369 Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529).
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Art. 298c370
If the court upholds a paternity action, it shall order joint parental responsibility unless the mother retains sole parental responsibility or sole parental responsibility is assigned to the father in order to safeguard the child's best interests. 370 Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
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Art. 298d371
IV. Change in circumstances
1 At the request of either parent, the child or ex officio, the child protection authority shall reassign parental responsibility if this is necessary to safeguard the child's best interests due to a substantial change in circumstances. 2 It may limit itself to regulating residence, contact or the sharing of parenting duties. 3 An action for a change to the maintenance payments may be brought to the competent court; in such a case the court may make a new ruling on parental responsibility and other matters relating to the child.372 371 Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). 372 Inserted by No I of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529).
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Art. 298e373
Aquinquies. Change in the situation after the adoption of a stepchild in a cohabitation relationship
If the person who adopts the child cohabits with the child’s mother or father, and there is a substantial change in the circumstances, the provision on the change of circumstances applies mutatis mutandis in the case of recognition and judgement of paternity.
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Art. 299375
Each spouse must give the other reasonable support in exercising parental responsibility over the latter’s children and must represent the other spouse as circumstances require. 375Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
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Art. 300377
Asepties. Foster parents
1 If a child is placed in foster care with third parties, unless the relevant orders provide otherwise, these third parties exercise parental responsibility over the child in loco parentis to the extent required for the proper fulfilment of their duties. 2 Foster parents must be consulted before any important decisions are taken regarding the child.
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Art. 301378
1 The parents raise and care for a child with his or her best interests in mind and take all necessary decisions unless the child has capacity to act. 1bis The parent who is taking care of the child may decide alone if: - 1.
- the matter is routine or urgent;
- 2.
- the other parent cannot be consulted without incurring unreasonable trouble or expense.379
2 The child owes his or her parents obedience; according to how mature the child is, the parents shall allow the child the freedom to shape his or her own life and, wherever feasible, take due account of the child’s opinion in important matters. 3 The child is not permitted to leave the family home without the parents’ consent, nor may he or she be unlawfully removed from them. 4 The parents give the child his or her first name.
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Art. 301a380
II. Deciding on the place of residence
1 Parental responsibility includes the right to decide on the child's place of residence. 2 If parents exercise joint parental responsibility and if one parent wishes to change the child's place of residence, this requires the consent of the other parent or a decision of the court or the child protection authority if: - a.
- the new place of residence is outside Switzerland; or
- b.
- the change of place of residence has serious consequences for the ability of the other parent to exercise parental responsibility and have contact.
3 If one parent has sole parental responsibility and if he or she wishes to change the child's place of residence, he must inform the other parent of this in good time. 4 A parent who wishes to change his or her own domicile has the same duty to provide information. 5 If required, the parents shall agree to modify the rules on parental responsibility, residence, contact and the child maintenance contribution in such a way as to safeguard the child's best interests. If they are unable to agree, the court or the child protection authority decides. 380 Inserted by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
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Art. 302382
1 The parents must raise the child according to their circumstances and encourage and safeguard the child's physical, mental and moral development. 2 The parents must arrange for the child, especially if he or she has physical or learning disabilities, to receive an appropriate general and vocational education that corresponds as closely as possible to the child’s abilities and inclinations. 3 To that end, the parents must co-operate as appropriate with school authorities and, where required, with public and charitable youth support agencies.
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Art. 303384
IV. Religious upbringing
1 The parents are free to determine the child’s religious upbringing. 2 Any agreement restricting this freedom is invalid. 3 Once a child is 16 years of age, he or she is free to decide his or her own religious denomination. 384Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
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Art. 304386
V. Representation
1. In relation to third parties
a. In general
1 By operation of law, the parents are vested with the power to represent the child in all dealings with third parties to the extent they have parental responsibility for the child.387 2 If both parents have parental responsibility, all third parties acting in good faith may assume that each parent acts with the other’s consent.388 3 Parents acting as their child's representative may not provide any financial guarantees, establish any foundations or make gifts on behalf of the client, with the exception of customary occasional gifts.389 386Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 387 Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). 388 Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). 389 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 305391
1 A child under parental responsibility may by his or her own acts establish rights and obligations and exercise strictly personal rights under the law of persons.392 2 The child is liable with all his or her assets for any obligations entered into, without regard to the parents’ property rights. 391Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 392 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 306393
2. Within the family community
1 Children with capacity of judgement who are under parental responsibility may, with their parents’ consent, act for the family as a whole, but in so doing engage not themselves but their parents.394 2 If the parents are prevented from acting or if they have interests in a matter that conflict with those of the child, the child protection authority shall appoint a deputy or regulate the matter itself.395 3 In the event of a conflict of interests, the parents' powers become automatically void by law in relation to the matter concerned.396 393Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 394 Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). 395 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001). 396 Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 307397
C. Child protection
I. Appropriate measures
1 If the child’s best interests are threatened and the parents are unwilling or unable to remedy the situation, the child protection authority must take all appropriate measures to protect the child. 2 The child protection authority has the same duty with regard to children placed with foster parents or otherwise living outside the family home. 3 In particular it is entitled to remind parents, foster parents or the child of their duties, issue specific instructions regarding care, upbringing or education and appoint a suitable person or agency with powers to investigate and monitor the situation. 397Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
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Art. 308399
1 Where circumstances so require, the child protection authority shall appoint a child deputy whose function is to help the parents look after the child by providing advice and practical support. 2 It may assign special powers to the deputy, in particular to represent the child in the paternity action, in safeguarding the child's right to child support and the child's other rights and in supervising contact.400 3 Parental responsibility may be restricted accordingly.
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Art. 309401
401Repealed by No I of the FA of 21 June 2013 (Parental Responsibility), with effect from 1 July 2014 (AS 2014 357; BBl 2011 9077).
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Art. 310403
III. Revocation of the right to decide on place of residence
1 Where there is no other way to avert a threat to the child’s best interests, the child protection authority must remove the child from the parents or from any third parties with whom he or she is staying and place the child in a suitable location. 2 At the request of the parents or the child, the child protection authority must do likewise if relations between them have deteriorated to the extent that it is no longer conscionable for the child to remain in the family home and provided no other practical remedy is available in the circumstances. 3 Where a child has lived for some length of time with foster parents, the child protection authority may forbid the parents to take the child back if such action might pose a serious risk to the child’s development.
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Art. 311405
IV. Withdrawal of parental responsibility
1. Ex-officio
1 If other child protection measures have failed or offer little prospect of proving adequate, the child protection authority shall revoke parental responsibility:406 - 1.407
- if the parents are unable to exercise parental responsibility as required on account of inexperience, illness, disability, absence, violent behaviour or other similar reasons;
- 2.
- if the parents have not cared for the child to any meaningful degree or have flagrantly violated their duties towards the child.
2 Where parental responsibility is withdrawn from both parents, a legal guardian is appointed for their children. 3 Unless expressly ordered otherwise, the withdrawal of parental responsibility is effective in respect of all the children, including those born subsequently. 405Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 406 Amended by No I 2 of the FA of 19. Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001). 407 Amended by No I of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
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Art. 312409
2. With the parents' consent
The child protection authority shall withdraw parental responsibility:410 - 1.
- if the parents so request for good cause;
- 2.
- if the parents have consented to having the child adopted in future by unnamed third parties.
409Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 410 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 313411
V. Change in circumstances
1 If circumstances change, the child protection measures in place must be adapted to suit the new situation. 2 On no account may parental responsibility be restored within less than one year of its withdrawal.
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Art. 314412
VI. Procedure
1. General
1 The provisions on the procedure before the adult protection authority apply mutatis mutandis. 2 In appropriate cases, the child protection authority may request the parents to attempt mediation. 3 If the child protection authority appoints a deputy, it shall state the tasks of the deputy and any restrictions on parental responsibility in the decision. 412 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 314a413
2. Hearing for the child
1The child is heard in person in an appropriate manner by the child protection authority or by a third party appointed for this purpose, unless this is inadvisable due to the child's age or other good cause. 2 The record of the hearing contains only the findings of relevance to the decision. The parents are informed of these findings. 3 A child capable of judgement may appeal against a decision to refuse a hearing. 413Inserted by No II of the FA of 6 Oct. 1978 (AS 1980 31; BBl 1977 III 1). Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 314abis414
3. Representation for the child
1 If necessary, the child protection authority shall order the child to be represented and appoint a person experienced in welfare and legal matters as the child's deputy. 2 The child protection authority shall consider the appointment of a representative in particular if: - 1.
- the proceedings relate to the child's accommodation;
- 2.
- the parties file differing applications in relation to regulating parental responsibility or important contact issues.
3 The child's deputy may file applications and appeals. 414Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 314b415
4. Committal to a secure institution or psychiatric hospital
1 If the child must be committed to a secure institution or a psychiatric hospital, the adult protection provisions on care-related hospitalisation apply mutatis mutandis. 2 If the child is capable of judgement, he or she may petition the court directly. 415Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 314c416
1 Any person may notify the child protection authorities if a child’s physical, mental or sexual integrity appears to be at risk. 2 If a report is in the interest of the child, persons who are subject to professional confidentiality under the Swiss Criminal Code417 are also entitled to notify the authorities. This provision does not apply to auxiliary persons bound by professional confidentiality under the Criminal Code.
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Art. 314d418
1 The following persons, provided they are not subject to professional confidentiality under the Swiss Criminal Code419, are obliged to report if there are clear indications that the physical, psychological or sexual integrity of a child is at risk and that they cannot remedy the threat as part of their professional activities: - 1.
- specialists from the fields of medicine, psychology, care services, childcare, education, counselling, religion and sport who have regular contact with children;
- 2.
- persons who learn of such a case in their official capacity.
2 The duty to notify is fulfilled when a person notifies a superior. 3 The cantons may provide for further notification obligations.
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Art. 314e420
7. Cooperation and administrative assistance
1 The persons and third parties involved in the proceedings are obliged to cooperate in ascertaining the facts of the case. The child protection authority issues the necessary orders to protect any interests worthy of protection. If necessary, it shall issue an order for the compulsory enforcement of the duty to cooperate. 2 Persons bound by professional confidentiality in accordance with the Swiss Criminal Code421 are entitled to cooperate without having to be released from this confidentiality requirement beforehand. This provision does not apply to auxiliary persons bound by professional confidentiality under the Criminal Code. 3 Persons bound by professional confidentiality in accordance with the Swiss Criminal Code are obliged to cooperate if the person entitled to confidentiality has authorised them to do so or if the superior authority or the supervisory authority has released them from professional confidentiality at the request of the child protection authority. Article 13 of the Lawyers Act of 23 June 2000422 remains reserved. 4 Administrative authorities and courts shall pass on the necessary documentation, reports and information, provided there is no conflict with interests worthy of protection.
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Art. 315424
VII. Jurisdiction
1. In general
1 Child protection measures are ordered by the child protection authorities at the child’s domicile.425 2 If the child lives with foster parents or otherwise outside the parental family home or if there is risk in delay, responsibility also rests with the authorities of the place in which the child is currently staying. 3 If the latter authorities implement a child protection measure, they must inform the authority at the child’s domicile. 424Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 425 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 315a426
2. In marital proceedings
a. Jurisdiction of the court
1 If the court is called on to rule on relations between the parents and the children in accordance with the provisions governing divorce or protection of the marital union, it must also order all necessary child protection measures and instruct the child protection authority to implement them.427 2 The court may also modify child protection measures already in place to take account of changes in circumstances. 3 However, the child protection authority retains the power:428 - 1.
- to continue child protection proceedings introduced prior to the court proceedings;
- 2.
- to order such measures as are required immediately to protect the child where the court is unlikely to be able to do so in good time.
426Inserted by No I 1 of the FA of 25 June 1976 (AS 1977 237; BBl 1974 II 1). Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). 427 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001). 428 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 315b429
b. Amendment of court orders
1 The court has jurisdiction to amend court orders regarding custody awards and child protection: - 1.
- during divorce proceedings;
- 2.
- in proceedings to alter the divorce decree pursuant to the regulations governing divorce;
- 3.
- in proceedings to modify measures for protection of the marital union; the regulations governing divorce are applicable mutatis mutandis.
2 In all other cases jurisdiction lies with the child protection authority.430 429 Inserted by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1). 430 Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).
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Art. 316431
VIII. Supervision of foster children
1 Any person taking in foster children requires authorisation from and is under the supervision of the child protection authority at his domicile or some other body designated by the canton. 1bis Where a child is fostered with a view to subsequent adoption, a single cantonal authority is responsible.432 2 The Federal Council enacts implementing regulations. 431Amended by No I 1 of the FA of 25 June 1976, in force since 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1). 432Inserted by Annex No 2 of the FA of 22 June 2001 on the Hague Adoption Convention and Measures to Protect Children in respect of Inter-Country Adoption, in force since 1 Jan. 2003 (AS 20023988; BBl 1999 5795).
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Art. 317433
IX. Cooperation in youth support
The cantons issue such regulations as are required to ensure effective cooperation between the authorities and official bodies in the areas of child protection under civil law, the criminal law relating to young offenders and other youth support activities.
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