Developed by the Justice Division of the Department of Institutions, with the advice of former Judge Franco Lardelli, former President of the Court of Appeal of the Chamber of Protection, and submitted for consultation by the Department itself in September 2024, they have now been formalized in a government message. These regulations will govern the activities of future Courts of Protection in Ticino in the area of ​​guardianship and curatorship.

The Council of State has approved the related bill for Parliament. The Government has drafted seventy-one articles. The law, the message explains, is "intended to ensure the proper functioning of Courts of Protection." A law, the first article states, "regulates the application of the provisions of the Civil Code (CC) in relation to proceedings regarding the protection of minors and adults. It regulates the cantonal procedural rules complementary to the federal ones provided for in Articles 443–450g of the CC. It also regulates the cantonal rules for the application of the Federal Law on International Child Abduction and the Hague Conventions on the Protection of Minors and Adults of 21 December 2007."

In the background the reform (to be implemented)

The long-awaited message, as the Executive recalls, is part of the reform of protection authorities. This reform includes the introduction of ad hoc courts, the Preture di Protezione (Protection Courts), with the consequent elimination of the sixteen Arp (Regional Protection Authorities), whose operations are currently the responsibility of the municipalities. This represents a shift from an administrative model to a judicial one anchored in the Ticino Constitution, following the outcome of the referendum of October 30, 2022, with a full 77.5 percent of voters in favor of the "cantonalization" of the system. The judicial model is in favor, but the new organization still needs to be implemented. The (planned) reform primarily aims to improve, through the Preture di Protezione (Protection Courts), the quality of decisions regarding measures for individuals, adults or minors, who have become vulnerable and therefore require protection. These protection measures can impact the fundamental rights and freedoms of those receiving them. So much so that we talk about guardianships, curatorships, placements, deprivation of parental authority, regulation of visiting rights, hospitalizations for assistance purposes... .

"The bill on child and adult protection procedure," the government writes in the statement announcing the release of the message, "strictly adheres to the dictates of federal law." The bill "takes into account, in particular, the specifics of cantonal law, the most up-to-date developments in doctrine and case law, the authoritative recommendations of the Conference of Cantons on Child and Adult Protection (COPMA), as well as the experience of the cantons that have established a judicial organization for protection authorities." In short, "a legislative text consolidated in detail following a broad consultation involving around one hundred stakeholders in the child and adult protection sector." The message "constitutes a further concrete step in the important reform of protection authorities, enshrined in the amendment to the cantonal Constitution, enthusiastically approved by the Ticino people in 2022, aimed at creating protection courts, new cantonal judicial authorities to replace the current regional protection authorities, which are headed by the municipalities." The reform "represents one of the most important projects launched in the justice system of the Canton of Ticino," the government further emphasizes.

Zali: collaborative climate with the commission

The Council of State's message was released just days after the parliamentary committee on Justice and Rights heard, last Monday, State Councilor Claudio Zali, the new head of the post-Arrocchino government, on the dossier on the reorganization of protection authorities, and Justice Division head Frida Andreotti. As mentioned, the draft law submitted for consultation was developed in collaboration with former Appeals Judge Lardelli. "I take this opportunity to thank him for his meticulous work, synchronizing the provisions of federal law with the cantonal procedural rules that are the subject of this message," stated Claudio Zali , speaking to the Region. "This has produced a sort of comprehensive manual for use by future protection courts." The draft law, the State Councilor emphasizes, "also specifies the procedural rights of the parties, such as the right to be heard. Clarity and unified practice are among the advantages of this cantonal law, which is the fuel that will allow the protection courts to function properly."

Before the plenary session of the Grand Council, the Justice and Rights Committee will express its opinion on the bill recently approved by the Executive. This committee, as its president Alessandro Mazzoleni (Lega), reminds us, "is currently addressing the organizational and financial aspects of the reform, also taking into account the findings of Zali's recent hearing. I hope that the Justice and Rights Committee's draft report on the aforementioned aspects, and therefore on the 2021 government message regarding the proposal to establish the Courts of Protection, which was accepted the following year by the Grand Council and the people, can be discussed and refined at the next committee meeting, scheduled for Monday, November 10." Yes, the people. Almost three years have passed since the election results. "The more time passes, the more the citizens' vote reminds politicians of the need to resolve the problems and finally implement this reform. I believe this is one of the points we shared in the committee. During the hearing, I sensed a collaborative atmosphere and perceived the political forces represented in the 'Justice and Rights' coalition as willing to move forward. This gives us hope.