Child in Foster Care: Parental Visitation and Access Rights
There can be various reasons for placing a child in a foster family. Regardless of whether it is a voluntary placement or a decision made by child protection authorities, the question always arises: What rights do the parents have in this situation? This article provides information on when foster care placement is necessary, what the requirements are, and what visitation and contact rights the biological parents of the child have.
How Does the Foster Care System Work in Switzerland?
Parents are legally obliged to provide their child with a healthy and safe environment (Articles 296 and 301 of the Swiss Civil Code (CC), Article 11 of the Federal Constitution (Cst.)). Unfortunately, there are situations where this is not or no longer the case. Therefore, it is sometimes necessary to place the child in a foster family to provide an environment where they can develop freely and safely (see Article 307 et seq. CC). This can involve temporary or long-term placement with another family.
In 2020, nearly 20,000 children lived in foster families or homes, as calculated by the association "PACH Enfants placés et adoptés Suisse." This number continues to rise. The placement in foster families has become widespread in Switzerland over the last few decades, leading to significant developments in the legal regulations governing this area, ensuring clarity for biological parents. The foster care system in Switzerland is primarily regulated by the Foster Care Ordinance (PAVO), the Swiss Civil Code (CC), and the Federal Constitution (Cst.).
The placement of a child in a foster family can either be voluntarily decided by the biological parents or ordered by the child protection authorities. Even if the placement is decided without the parents' consent, they generally retain visitation rights with their child, with some exceptions (Articles 273 et seq. CC).
Types of Foster Families and Placement Arrangements
Children can be placed with a recognized foster family (as per Article 316 CC), with relatives, or in an educational institution. This includes various types of facilities: emergency shelters, regional homes, and boarding schools. These placements offer comprehensive day and night care for the child.
During this period, the foster family or institution is responsible for the child's care and upbringing and generally assumes all parental responsibilities (Article 300 CC). This can be temporary care until the biological parents are capable of resuming their duties or long-term (substitute) care if the parents can no longer care for the child. Short-term placements are also possible, such as weekend care or support during school holidays. In emergencies, the child is usually placed with a readiness family until the situation is resolved.
When Is a Child Placed in a Foster Family?
Often, foster placement is a decision made against the will of the biological parents, for example, if their parental rights are revoked.
This is a child protection measure under Article 307 CC and Article 1a Paragraph 1 PAVO, typically initiated by the child protection authorities. Generally, a foster placement occurs when parents are unable to care for their child due to material (financial difficulties), psychological, or physical reasons. Foster families are also utilized when a child is mistreated or grossly neglected at home.
Can I Voluntarily Place my Child in Foster Care?
In some cases, parents themselves request foster care for their child, known as voluntary placement. This often involves the child being cared for by a close relative. For example, it is increasingly common for parents in difficulty to entrust their child's care to their own parents during the week.
In voluntary placements, the biological parents generally retain parental responsibility for their child. They agree with the foster family on the care arrangements and the amount of foster care compensation. Foster families have a legal right to compensation according to Article 294 CC, though relatives often provide care without charge. The care criteria are typically outlined in a care agreement, for which legal assistance is recommended.
What Requirements Must Foster Families Meet?
To be recognized as a foster family, applicants must meet certain requirements set by the General Directorate for Children and Youth. These obligations are outlined in the guidelines for out-of-home child placements but may vary by canton. The respective cantons must also consent to the registration as a foster family (Article 316 CC and Articles 4 et seq. PAVO). This also applies to foster parents who undertake this role permanently without compensation.
Foster families can consist of couples or single individuals. The household may include up to five children, including the host family's children. Foster parents must be capable of providing adequate care and education for the foster child, including sufficient financial resources. If issues arise, consulting a family law attorney is advisable.
Do Children in Foster Families Have Visitation Rights?
When a child is placed in foster care, parents almost always retain visitation and contact rights, even if the decision to place the child in a foster family was made against their will (Article 273 CC). The goal is for the child to maintain a relationship with their parents, as this is considered crucial for the child's development and identity formation (see Federal Court decisions BGE 123 III 445, 452 and BGE 122 III 404, 407).
However, there is an exception: the child protection authority may decide to restrict or entirely suspend a parent's contact rights according to Article 274 CC if the parent significantly endangers the child or hinders the foster family's work.
Parental Right to Information
In addition to visitation rights, biological parents have the right to information about their child in foster care according to Article 275a CC. This applies even if the child protection authority has revoked their parental rights. This right means that the foster family must inform the parents about every significant event in the child's life. Parents also have the right to obtain information from relevant third parties, such as doctors or teachers, through the foster family.
FAQ: Child in Foster Care
This refers to placing a child in a household other than that of their biological parents. This could be with a recognized foster family, close relatives, or a specialized institution. Placement can be temporary or permanent.
When children cannot grow up healthily and develop within their own family, placement in a foster family may be necessary. This could be due to the biological parents' psychological, physical, or financial problems. Parents can make this decision voluntarily, or it can be imposed by a court or child protection authority.
Sometimes children are placed in foster families for a long or indefinite period, but not always. Children can also be temporarily placed in a foster family or home until their biological parents can resume their responsibilities. Foster placement can also be on an ad-hoc basis to support parents in emergency situations.
Children temporarily or permanently cared for by others can be placed in various facilities. A child can be placed with relatives or in a cantonally recognized foster family. They can also go to educational institutions such as emergency shelters, regional homes, or boarding schools.
In some cases, biological parents can place their child in a foster family for a certain period. This is known as "voluntary placement" because it is done at the parents' request. This type of placement usually occurs with close relatives of the child.
Yes. One does not need to be a couple or married to take in one or more foster children. However, prior approval from the General Directorate for Children and Youth is required.
According to Article 273 CC, biological parents retain access to their child after placement in a foster family. In the case of voluntary placement, parents also retain parental rights. However, the right to contact and visitation can be restricted or even revoked if it is in the child's best interest.