Facts
This case concerns [Y.], found guilty by the Juvenile Prosecutor of Basel-City of repeated defamatory statements and repeated abuse of the telephone. The decision on the possible sanction was postponed for 1.5 years, with a probationary period under the supervision of the youth service. After the opening of new criminal proceedings, [Y.] was referred to the Juvenile Criminal Chamber for non-compliance with the probationary period. The Juvenile Criminal Chamber then found the non-compliance with the probationary period and ordered the placement of [Y.] in an appropriate foster family according to Art. 91 para. 1 SCC, with special therapeutic care.
[Y.] and her mother X. appealed against this decision, which was confirmed by the Court of Appeal of the Canton of Basel-City.
Considerations
The Federal Court first examined the question of whether the non-compliance with the probationary period was established. It considered that even though [Y.] had not directly violated the directives given to her, she had betrayed the trust placed in her by making abusive telephone calls again and placing false orders. This therefore constituted a breach justifying the finding of non-compliance with the probationary period.
The Court then rejected the argument that the order of educational measures under Art. 91 SCC would…