Facts
The dispute concerns the placement of three children, A., J. and B., in the Jugendsiedlung Utenberg in Lucerne, decided by the Municipal Council of Gisikon. The mother, H., filed an appeal against this decision with the Administrative Court of the Canton of Lucerne, which refused to consider the matter, considering that it was not a placement in an institution within the meaning of Art. 314a CC, but a measure of child protection that could be challenged before the prefect. H. then filed a legal appeal against this decision with the Federal Tribunal.
Considerations
The Federal Tribunal considers that the Jugendsiedlung Utenberg must be qualified as an institution within the meaning of Art. 314a CC, despite its non-closed character. Indeed, the freedom of movement of the children is significantly more restricted than that of their peers raised in a family. They must in particular participate in organized group activities one weekend out of four and their contacts with the outside world are more closely supervised by the institution's regulations.
Therefore, the placement of the children in this institution…