Facts
The appellant, Ms. X., suffers from delusions and was therefore admitted to a psychiatric clinic. As a result, the Adult and Child Protection Commission of the City of Bern (EKSK) deprived her of parental custody over her three children S., T. and U. on January 25, 2011 and ordered their placement in a suitable institution. Ms. X. appealed against this decision to the Cantonal Court of Bern, which was dismissed on August 24, 2011.
Ms. X. then filed a civil law appeal with the Federal Supreme Court. She requested the annulment of the lower court's decision and the return of parental custody over her children.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the lower court had plausibly explained why the well-being of the children would be endangered if parental custody were immediately returned to the mother. Ms. X. suffers from delusions that have a detrimental effect on her children. She fails to recognize her state of health and is not willing to undergo treatment. Under these circumstances, less severe measures than the withdrawal of custody would not be sufficient to protect the…