Questão jurídica principal
May a cantonal court make judicial review of an FFE placement dependent on a substantive written reason when the person is represented by counsel?
Decisão extraída
No. Under federal law, the request to the court need only be written; no formal request or substantive reasons may be required, even when counsel acts for the affected person.
Fundamentação extraída
Art. 397d ZGB sets exhaustive federal formal requirements. The canton may not add stricter conditions. The low threshold is justified by the seriousness of the measure and by the need to avoid formal obstacles. Representation by counsel does not justify a stricter rule, especially because the hearing is oral and the person must be heard personally.