Facts

B. and B.A. are the parents of C. (born 2007). By decision of 17 June 2014, the District Court of March determined C.'s place of residence to be that of his father, B., in the Municipality of Galgenen/SZ. By decision of 29 June 2016, the KESB Ausserschwyz withdrew the parents' right of residence determination and placed C. in the socio-educational residential groups A. in Uznach/SG. The Municipality of Galgenen refused to provide the subsidiary cost approval for this placement. The Government Council of the Canton of Schwyz decided that the Municipality of Galgenen was responsible for the assumption of costs. The Administrative Court of the Canton of Schwyz confirmed this decision. The Municipality of Galgenen filed a complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismisses the complaint. It holds that for the determination of the place of residence for support purposes according to federal law (Art. 7 para. 3 lit. c SocRA), the child's place of residence at the last common residence with the parents or one parent is decisive. Since C. was living with his father in the Municipality of Galgenen at the time of the residential care placement, his place of residence for support purposes is there. The provisions of the Civil Code on place of residence, to which the Intercantonal Agreement…