Kernrechtsfrage
Whether the child’s placement should have been examined for placement with the father rather than in a home, and whether the cantonal decision violated the father’s hearing rights and was arbitrary.
Extrahierter Entscheid
The cantonal court acknowledged that further inquiries were needed, but it nonetheless refused placement with the father without ordering those inquiries. This inconsistent approach was arbitrary and violated the father’s right to be heard.
Extrahierte Begründung
If a decisive issue requires additional factual investigation that the appellate court will not itself carry out, the matter must be remitted for those inquiries. The court may not simultaneously state that further clarification is necessary and still decide the issue against the father without identifying the factual basis for that conclusion.