Assumption of the costs of a residential placement ordered by the guardianship authority

Facts

The minor S., born in 1993, was placed in an institution by decision of the guardianship authority of Y. in 1997. In 2006, the guardianship authority of X. ordered her placement in a boarding school, which the municipality of Y., competent in the field of social assistance, refused to cover the costs of. The minor appealed against this refusal.

Considerations

The Federal Court ruled that the competent social assistance authority (Y.) is bound by the placement decision made by the guardianship authority (X.) in accordance with federal law. It cannot refuse to cover the costs based on provisions of the cantonal legislation on social assistance. Indeed, the cantonal social assistance authorities do not have the right to call into question a child protection measure ordered by…