Facts

The Canton of St. Gallen and the Child and Adult Protection Authority (KESB) Y. have filed a complaint against the decision of the High Court of the Canton of Schaffhausen. The dispute concerns the jurisdiction for the establishment of a guardianship for the adult A., who was under the sole parental care of his mother and showed behavioral problems. The Guardianship Authority R. (SZ) ordered a guardianship as a child protection measure in 2006, and A. was temporarily or permanently placed in homes or with foster families. In August 2011, the Guardianship Authority S. (SG) took over the guardianship for A. and withdrew his mother's custody. After A. came of age, the KESB X. formally closed the guardianship. The KESB of the Canton of Schaffhausen invited A. to a meeting and informed the KESB Y. that A. had established an independent residence in V. (SG). The KESB Y. disputed its jurisdiction, and the question of jurisdiction was submitted to the High Court.

The High Court found that the KESB of the Canton of Schaffhausen was not competent to establish a guardianship for A. and referred the matter to the KESB Y. for further examination. The Canton of St. Gallen and the KESB Y. request the Federal Court to determine that the KESB Y. is not competent for the adult protection proceedings in the case of A. and to determine the competent Child and Adult Protection Authority for A. as of February 2014.

Considerations

The Federal Court must examine whether the complaint is admissible in disputes over the intercantonal jurisdiction of adult protection authorities. The complainants rely on Art. 444 CC, which regulates the examination of the jurisdiction of the adult protection authority. The question is whether the judicial complaint authority of a canton can determine the jurisdiction of an adult protection authority in another canton with binding effect.

The Federal Court concludes that Art. 444 para. 4 CC does not provide a clear legal basis for regulating intercantonal competence conflicts. The interpretation of Art. 444 CC shows that the adult protection authority examines its jurisdiction ex officio and submits the question of its jurisdiction to the judicial complaint…