Questão jurídica principal
Whether the continued placement for assistance met the requirements of Art. 397a CC and the proportionality principle.
Decisão extraída
Yes. On the facts found, the applicant still required placement at the time of the cantonal decision, and no objective element justified departing from the treating physician's opinion that more time was needed to stabilize his condition.
Fundamentação extraída
Art. 397a al. 3 CC embodies proportionality: release is required as soon as the state allows it. Here, the treating physician recommended an additional period of about six months before a reliable decision on autonomous living could be made. Since that period was not yet fully elapsed when the authority decided, continued placement remained lawful, while a prompt reassessment was indicated.