Facts

[X.] and [Y.] as well as their son [Z.] (born 1997) were instructed by the Guardianship Authority of Prättigau-Davos that [Z.] must spend a time-out period at Clinic [A.] . The costs for the external placement from November 2011 to February 2012 in the amount of CHF 24,000.- were covered by the Municipality of Davos on a subsidiary basis, as the parents were unable to do so due to their financial situation. The Municipality of Davos requested the parents to secure the costs through a mortgage and determined that the social assistance provided was subject to reimbursement under the cantonal Support Act.

The parents filed a complaint against the decision of the Municipality of Davos. The Administrative Court of the Canton of Graubünden dismissed the complaint. Subsequently, the parents filed a subsidiary constitutional appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that this is a matter of public law and therefore the appeal in public law matters is admissible. An infringement of the right to be heard by the Guardianship Authority in the context of the order for external placement is not to be examined, as the parents did not appeal against the corresponding decision of the Guardianship Authority.

Regarding the parents' obligation to reimburse the social assistance provided by the Municipality, the Federal Supreme Court makes the following findings:

  • Pursuant to Art. 289 para. 2 CC, the community has entered into the child's maintenance claim, whereby it appears as an ordinary creditor vis-à-vis the parents.
  • A…