Facts
The municipality [X.] filed a complaint against the decision of the Child and Adult Protection Authority (KESB) Innerschwyz, which revoked the parental custody of the child [C.] and placed the child in an institution. The municipality [X.] claimed that it was entitled to appeal, as it was financially affected as the cost bearer of the measure.
The Administrative Court of the Canton of Schwyz dismissed the complaint, as it denied the municipality [X.] the right to appeal. The municipality [X.] then filed a complaint with the Federal Court.
Considerations
The Federal Court examined whether the municipality [X.] was entitled to appeal against the decision of the KESB Innerschwyz. It found that the right to appeal under Art. 450 para. 2 CC does not explicitly grant the municipalities as cost bearers a right to appeal.
The Federal Court stated that the professionalization of the guardianship system and the creation of specialized authorities aim to improve child and adult protection. The right to appeal of the municipalities as cost bearers would undermine this, as it would affect the decision-making competence of the specialized authorities.
The Federal Court concluded that the municipality [X.] was not entitled to appeal against the decision of the KESB Innerschwyz, as it could not…