Dismissal of the reimbursement claim by the municipal community against the father due to treatment costs of the daughter in drug therapy facilities

Facts

A., the biological daughter of X. and [M.], has been receiving material assistance from the municipal community of Y. since December 1994. In February 2003, she completed a drug detoxification and then entered a socio-therapeutic transitional program as well as an inpatient long-term therapy, the costs of which totaling CHF 72,170.- were borne by the municipal community of Y. The municipal community then sued X. and [M.] for reimbursement of these costs based on Art. 328/329 of the Swiss Civil Code (ZGB).

The District Court of Aarau upheld the claim. The High Court of the Canton of Aargau partially granted the parents' appeal, denied the liability of [M.] and dismissed the claim against her, but upheld the claim against X. X. then filed a civil law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court overturned the High Court's judgment as it pertained to X. and dismissed the claim against him. It stated that the decisive factor for the question of whether a state of need within the meaning of Art. 328 ZGB exists is not whether the treatment facility chosen corresponds to the cantonal social assistance legislation. A state of need exists if there is no recognized treatment facility available whose costs are covered by the health insurance, or if such a facility exists but the costs are not fully covered by the health insurance.

The burden of proof that a state of…