Better child protection through child-focused cooperation within CAPA procedures

Background information

The procedural instrument within child protection procedure of child representation according to Article 314abis – which has been in place since 2013 – has rarely been the object of any research in Switzerland so far. Various questions remain unclear: How do children and young people experience the child representation procedure, and what about practitioners? What experience does CAPA have in the use of child representation? How do child representatives understand their roles? How do they work with other parties in the process – such as child deputies – and how do they distinguish themselves from these parties? With regard to the wishes of the child and the best interests of the child, what criteria are used to weigh up the interests of different actors in the procedures? The interdisciplinary research project at BFH is intended to help clarify these questions and derive suggestions for practice.

Procedure

The project researched practical cases in child protection procedures under civil law before CAPA in which child representation was used in accordance with Article 314abis of the Swiss Civil Code (CC) from various perspectives – children and young people, child representatives, CAPA, investigators or deputies. As a first step, data was collected from analyses of files and expert interviews with specialists and the young people involved.

The data was analysed on a case-by-case basis, i.e. the data from the files was cross-referenced with the interviews from different perspectives. In addition, a cross-case evaluation of the analyses of the files and interviews was performed with reference to various issues and perspectives. The core results of the investigation were then presented to an expert panel of practitioners for discussion. By involving these experts, best practices in terms of clarifying the roles of and cooperation with specialists as well as the involvement of the child in cases involving child representation were drawn up and formulated in the form of guidelines. The full results of the study are expected to be published in 2025.

Results

The study provided valuable insights into various aspects of child representation within child protection procedures, which until now have rarely been investigated at all. These include: 

An understanding of roles in terms of the child’s well-being and the child’s wishes

The staff interviewed see the child representative’s role as primarily being to represent the child’s wishes, although the child’s well-being should also be considered by the child representative.

Supporting the expression of wishes as a core task

Children can be supported in expressing their wishes, for example by explaining decisions and actions taken by CAPA to them in age-appropriate language or asking them about their needs in different situations.

The interviews conducted with young people showed that they can actually make a contribution to the process through the child representative. This enables them to feel that they are being listened to, taken seriously and receiving emotional support. Child representation gives them security within child protection procedures. 

Cooperation between specialists in procedures involving a child representative

The study points out positive and complicating factors in achieving child-focused cooperation. A good clarification of roles and tasks between the specialists involved is key, for example in order to ensure nothing is left out and actions taken do not overlap.

Outlook

The findings from the study will be presented and made available in various products and formats:

• Guidelines with recommended action: specific recommended action based on the results of the study were published in June 2024 in the publication “Child representation within procedures before CAPA, guidelines for specialists on the clarification of roles, cooperation and the involvement of the child” (original title in German: “Kindesvertretung in Verfahren der KESB Leitfaden für Fachpersonen zur Rollenklärung, zur Zusammenarbeit und zum Einbezug des Kindes”). A free copy can be ordered on this website or an electronic version can be downloaded (available in German only).
• Publication of study results: the overall results of the study are expected to be published in 2025 in the series Schriften zum Kindes- und Erwachsenenschutz (edited by Daniel Rosch and Luca Marantha, Stämpfli Verlag).
• Workshop on “Child representation – roles and cooperation” at the KOKES/COPMA conference held on 4 and 5 September 2024.
• Conference on “Child representation within child protection procedures” on 19 March 2025 at Bern University of Applied Sciences.
• Integration of the results of the study into continuing education on child protection at BFH.