ACT No. XVII of 2007 AN ACT to make special provision for foster care and to make consequential and other amendments BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

27th July, 2007

ACT No. XVII of 2007

AN ACT to make special provision for foster care and to make

consequential and other amendments

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>

PART I

INTRODUCTION AND DEFINITIONS

(1) The short title of this Act is the Foster Care Act, 2007.

(2) This Act shall come into force on such date as the

Minister responsible for social policy may by notice in the Gazette

appoint, and different dates may be so appointed for different purposes

and for different provisions of this Act.

(1) In this Act, unless the context otherwise requires>

“accredited agency” means an organisation which is

accredited by the Central Authority to carry out foster care

placements<

“Board of Appeal” means the board established by virtue of

article 14 or such other administrative board or tribunal which the

Minister may from time to time designate to carry out all or any of

the functions as specified in this Act<

“care plan” means a plan drawn up by a social worker of an

accredited agency in collaboration with others involved in the best

interests of the child<

“Central Authority” means the Authority established by virtue

of article 6<

“child” means a person under eighteen years of age<

“cross-border foster care” means>

(i) the care provided by a foster carer who is a Maltese

citizen, to a child who is not a Maltese citizen and who is

resident in Malta< or

(ii) the care provided by a foster carer who is not a

Maltese citizen and whose approval by a foreign authority is

recognised by the Central Authority, through an accredited

agency, to a child who is resident in Malta<

“foster care” means a service for a determinate period whereby

a child is placed in the continuous care of a foster carer, and through

which the child is brought up in a family environment according

to his best interests<

“foster care agreement” means the agreement entered into in

accordance with article 24<

“foster carer” means one or more persons approved by the

Fostering Board to foster a child<

“Fostering Board” means the board established by virtue of

article 3<

“Minister” means the Minister responsible for social policy<

“social worker” shall have the meaning assigned to it by article

2 of the Social Work Profession Act.

PART II

FOSTERING BOARD

(1) There shall be a Board, known as the Fostering Board,

which shall be composed of a Chairperson and a minimum of another

four members. This Board shall be composed of the following>

(a)

professionals representing different disciplines< and

(b) a person who, in the opinion of the Minister, has adequate

knowledge and is proficient in the area of foster care.

(2) The Minister shall endeavour to have a person over the

age of eighteen years who was placed in foster care and a person who is

or was a foster carer as part of the Fostering Board and such persons

may be appointed at any time during the term of office of the Fostering

Board.

(3) The members of the Fostering Board shall be appointed

by the Minister for a minimum period of two years.

(4) Any member of the Fostering Board may be removed

from office by the Minister on grounds of inability to perform the

functions of their office or of misbehaviour.

(5) In the event that any member of the Fostering Board

vacates his office before completing his term, the member appointed in

his stead shall be so appointed for the unexpired period of the original

appointment.

(6) The Minister shall designate a person to act as Secretary

to the Fostering Board and such person shall, as part of his duties, be

responsible for the keeping of the relevant records and shall carry out

such other work related to the functions of the Fostering Board as may

be instructed by the Chairperson.

(7) Subject to the provisions of this Act and to any

regulations made thereunder, the Fostering Board shall regulate its own

procedure>

Provided that any decision of the Fostering Board shall be

taken by a majority of votes< however in the case of an equality of votes

the Chairperson shall have and exercise a determining vote. The

Secretary to the Board shall not vote.

(8) The Fostering Board shall meet as and when necessary,

provided it meets at least once every month. In the case of a written

request by the Minister or by an accredited agency, which request shall

be transmitted through the Secretary of the Board, such Board shall

meet by not later than forty eight hours following the request.

(9) The Fostering Board shall have the power to consult

professionals or other persons having relevant knowledge and experience

in the field of foster care.

(10) The members of the Fostering Board, the Secretary to

such Board and any person involved in the proceedings before the

Fostering Board shall be bound by confidentiality and shall not disclose

to any third party any information which may come to their knowledge

during the proceedings. These persons shall also not distribute to any

third party any document pertaining to the Fostering Board or any copies

thereof, unless requested or duly authorised to do so by the Minister or

by any court of law.

(11) The Fostering Board shall submit to the Minister an

annual report of all its activities during the preceding calendar year by

not later than the fifteenth April of each year.

Functions of the

(1) The functions of the Fostering Board shall include>

Fostering Board.

(a) examining Home Study Reports and Review Reports in

accordance with Part V of this Act drawn up by a social worker of

an accredited agency<

(b) determining suitability or otherwise of prospective foster

carers<

(c) determining that a foster carer is no longer suitable to

act as such<

(d) specifying what type of foster care is suitable to be

provided by each foster carer<

(e)

keeping an updated register of foster carers<

(f) providing foster carers with official documentation that

identifies them as such and an official letter identifying the children

in their care<

(g) reviewing reports compiled by an accredited agency,

following a complaint against a foster carer, and taking any action

as deemed fit in the circumstances<

(h) making recommendations to the Minister on the

parameters to be established for the organisation of training

programmes, assessments, counselling sessions for prospective

foster carers as well as monitoring of, and support structures for,

foster carers<

(i) making recommendations to the Minister for the more

effective implementation of the provisions of this Act and any

regulations made thereunder.

(2) The Fostering Board shall have access to all

documentation deemed relevant to the foster care procedure and it shall

be unlawful for any person to hinder it in the carrying out of any of its

functions.

(1) Any decision in terms of articles 4 (b), (c) and (d) shall

be taken after the Fostering Board has reviewed the Home Study Report,

or the Review Report and, or any other relevant documentation, and

after it has heard the prospective foster carer and any other persons,

including the children concerned, the Board may deem fit in the

circumstances. The decisions and the reasons therefor shall be

communicated in writing, within five working days from the date of

such decision, by registered mail to the foster carer or the prospective

foster carer, as applicable, and to the accredited agency involved.

(2) The foster carer or prospective foster carer, as applicable,

may appeal from a decision delivered by the Fostering Board, by filing

an application in front of the Board of Appeal by not later than eight

working days from the date of service of the decision by registered

mail.

PART III

CENTRAL AUTHORITY

There shall be a Central Authority designated by the Minister

to perform and fulfil the functions, duties and responsibilities specified

in articles 7 to 13 and any regulations which may be made in terms of

this Act.

The functions of the Central Authority shall include>

(a) receiving and acknowledging applications for

accreditation<

(b) granting, refusing, or revoking accreditation to

organisations in accordance with established criteria<

(c) receiving, acknowledging, investigating and taking any

necessary action in relation to any complaints against accredited

agencies or any organisations purporting to act as such<

(d) receiving requests from foreign persons who are

approved as foster carers abroad and who, through an accredited

agency, request to be recognised as foster carers in terms of this

Act, and after making the investigations it deems fit and obtaining

all the necessary documentation, deciding whether to accept such

request after consulting with the Fostering Board<

(e) receiving applications from agencies which would like

to carry out cross-border foster care and deciding whether to allow

such agencies to effect such placements<

(f) taking any measures deemed necessary in the

circumstances, if a foster care placement, whether local or cross-

border, is in breach of the provisions of this Act.

(1) Any organisation may apply to the Central Authority for Application

the granting of

accreditation, in the form approved and provided for by such authority, accreditation.

in order to be able to carry out foster care services.

(2) The Central Authority may at any time during the

processing of an application, require an organisation to provide any

documents and information deemed necessary in order to ascertain

whether accreditation should be granted.

The Central Authority may accredit an organisation if it is Accreditation

of an organisation.

satisfied that the organisation>

(a) has sufficient experience and expertise in dealing with

child and family matters< and

(b) has an adequate number of staff who are trained to carry

out foster care services< and

(c) has the administrative and legal competency to carry

out the functions appertaining to foster care services.

(1) Upon granting accreditation to an organisation the Accreditation

Certificate.

Central Authority shall issue an Accreditation Certificate which shall

be valid for a period of two years from date of issue.

(2) The certificate referred to in sub-article (1) may be

renewed by the Central Authority if the accredited agency applies for

renewal by not later than two months prior to the expiration of its

accreditation and renewal shall only be granted if the accredited agency

is still in compliance with articles 8 and 9. The decision of the Central

Authority on the renewal of the accreditation certificate shall be served

on the accredited agency, by registered mail, within thirty days from

the application for renewal.

(1) The Central Authority shall have the right to refuse an

application for accreditation if it deems the organisation not fit to carry

out foster care services. The refusal together with the reasons therefor

shall be served in writing, by registered mail, to the organisation applying

for accreditation within three months from the date of application.

(2) The organisation shall have the right to request a reversal

of the decision of the Central Authority by filing an application in front

of the Board of Appeal within twenty days from the date of service as

specified in sub-article (1).

(3) The organisation shall have the right to re-apply to the

Central Authority for accreditation if the reason for the refusal no longer

subsists.

(1) The Central Authority shall have the right to revoke

accreditation of an agency at any time, if the agency>

(a)

files a request in writing for revocation<

(b) ceases to comply with the criteria of eligibility for

accreditation<

(c) is no longer deemed suitable to provide foster care

services<

(d) is in breach of the conditions for accreditation in

accordance with the provisions of this Act.

(2) The Central Authority shall serve the agency, by

registered mail, with the written revocation together with the reasons

therefor and such revocation shall have effect from date of service.

(3) If the accreditation is revoked on any of the grounds

mentioned in paragraphs (b), (c) or (d) of sub-article (1), the agency

shall have the right to file an application in front of the Board of Appeal,

requesting a reversal of the decision of the Central Authority, within

ten days of the service specified in sub-article (2).

(4) If an appeal is filed in accordance with sub-article (3),

the agency may request the Board of Appeal to suspend the decision of

the Central Authority until the final decision.

(5) If the accreditation of an agency is revoked, the

Accreditation Certificate and all the records and documentation relating

to foster care services shall become the property of the Central Authority.

The Central Authority may appoint another accredited agency to have

custody of such records and documentation, continue to monitor the

prospective foster carers and the foster carers, continue to support and

monitor the placements of the children who were placed in foster care,

and to carry out all the functions that belonged to the agency whose

accreditation was revoked, according to article 17.

During the month of January of every year, the Central Publication in

the Gazette.

Authority shall publish in the Gazette>

(a) a list of all accredited agencies specifying their full name,

registered address and other relevant contact details<

(b) a list of agencies whose accreditation has been revoked

throughout the previous calendar year< and

(c) any changes in the conditions required for accreditation

or renewal.

PART IV

BOARD OF APPEAL

(1) There shall be a Board of Appeal consisting of a Establishment

of Board of

Chairperson and two other members. One of these shall be a person Appeal.

who has held a warrant to practise the profession of advocate for at

least seven years.

(2) The members of the Board of Appeal shall be appointed

by the Minister for a period of three years, and may be removed from

office by the Minister on grounds of proved inability to perform the

functions of their office or of proved misbehaviour.

(3) A member of the Board of Appeal may be challenged

or may abstain for any of the reasons for which a judge may be

challenged or may abstain in accordance with article 734 of the Code

of Organization and Civil Procedure. In any such case, the Minister

shall appoint another person to sit as a member on the Board of Appeal

in substitution of the said member for the duration of the appeal in

question.

(4) A person shall not be qualified to be appointed or

continue to hold office as a member of the Board of Appeal if that

person is a Judge, a Magistrate, a member of the House or of a Local

Council, or a candidate for election to the House or a Local Council.

(1) The Board of Appeal shall be competent to>

(a) review decisions of the Fostering Board upon an appeal

filed in accordance with article 5(2)<

(b) review decisions of the Central Authority upon an appeal

filed in accordance with article 11(2)<

(c) hear and decide an appeal filed in accordance with the

provisions of this Act and any regulations made thereunder<

(d) undertake any other function as the Minister may

designate by regulations made by virtue of this Act.

(2) In order to carry out its duties, the Board of Appeal shall

have access to all documentation pertaining to the foster care procedure

and it shall be unlawful for any person to hinder it in the carrying out of

its functions.

(3) The Board of Appeal shall have such powers as are, by

the Code of Organization and Civil Procedure, vested in the Civil Court,

First Hall.

(4) Without prejudice to sub-article (4) of this article, in

the exercise of its functions, the Board of Appeal may summon any

person to give evidence and produce the necessary documentation. For

this purpose the Chairperson shall have the power to administer the

oath.

(5) The Board of Appeal shall decide an application for

appeal by not later than four months from the date of the filing of the

application, unless in the opinion of the Chairperson a longer period is

necessary for a valid reason which must be stated and registered in the

proceedings of the case.

(6) A decision given by the Fostering Board or by the Central

Authority shall have immediate effect unless the Board of Appeal

decides to suspend it until it has given the final judgement.

(7) The decision of the Board of Appeal shall be

communicated to the applicants, the Fostering Board and the Central

Authority by not later than three working days from the date of such

decision.

(8) In cases falling under the jurisdiction of the Board of

Appeal in accordance with sub-article (1) hereof, there shall be a right

of appeal on a point of law. Such appeal shall be made by an application

to the Court of Appeal constituted in accordance with article 41(6) of

the Code of Organization and Civil Procedure. Such application shall

be filed by not later than twelve days from the date of the decision of

the Board of Appeal.

PART V

ACCREDITED AGENCIES

An organisation shall be deemed to make arrangements for Arrangements

the fostering of a child if it enters into any agreement or makes any for foster care.

arrangements for facilitating the fostering of a child.

An accredited agency shall be responsible to>

Functions

of accredited

agencies.

(a) provide a service according to the standards, criteria and

procedures established by the Central Authority<

(b) receive and process applications from persons who apply

to be registered as foster carers<

(c) provide initial training to prospective foster carers and

continuous training to foster carers registered with it, and provide

them with adequate support while they are carrying out any foster

care placement<

(d) match foster carers with children who are to be placed

in foster care<

(e) make all reasonable attempts to place siblings with the

same foster carer if this is in the best interest of the siblings<

(f) make all reasonable attempts to place a minor parent

and his or her child with the same foster carer<

(g) ensure that any foster care placement will be in the best

interest of the child<

(h) monitor all foster care placements arranged by it and

provide support to foster carers during the foster care placement

arranged by it<

(i) review and propose amendments, if necessary, to foster

care agreements<

(j) investigate complaints against any foster carer in

accordance with the manual or procedures specified in article 18

and draw up a report and forward it to the Fostering Board for any

necessary action<

(k) investigate any allegations of abuse in any foster care

placement, in accordance with the manual or procedures mentioned

in article 18, and report as necessary to the competent authority<

(l) grant the Central Authority access to any records and

documentation dealing with the foster care procedure of any child

and to reports on any foster carer or prospective foster carer<

(m) grant the Central Authority access to its financial

accounts and audits<

(n) report to the Central Authority at the end of every

calendar year on the performance of its functions<

(o) comply with any other duties and obligations as specified

by the Central Authority.

An accredited agency shall develop, update and execute

written policies, procedures and manuals which shall be subject to

approval by the Central Authority. These written policies, procedures

and manuals shall include>

(a)

training and assessment procedures<

(b) matching of foster carers with children<

(c) forms of support for foster carers and for children who

have been placed in foster care, both before, during and after the

foster care placement<

(d) emergency placements of children in need of care<

(e)

investigation of complaints against any foster carer<

(f)

change in circumstances of foster carers<

(g) cases of abuse of children in foster care< and

(h) cases of death of children in foster care.

Before commencing the fostering process, the accredited Information to

prospective

agency shall>

foster carers.

(a) inform prospective foster carers of its objectives, powers

and activities<

(b) make available a copy of its Accreditation Certificate

to prospective foster carers as proof of its accreditation< and

(c) inform prospective foster carers of any legal

requirements.

An accredited agency shall maintain one or more registers Keeping

registers.

(a) the foster care placements and the type of placements

arranged by it<

(b) the prospective foster carers registered with it<

(c)

the foster carers registered with it< and

(d) the professionals who are monitoring every foster care

placement.

Foster carers shall be entitled to have access to any Access to

information.

information, including medical information, which would enable them

to give the best possible care to the child and which may affect the best

interest of the child they are fostering.

An accredited agency shall make all reasonable efforts to Training.

ensure that every social worker assigned to carry out duties with regard

to the foster care procedure is adequately trained in this regard and

continues to receive ongoing training.

(1) After receiving an application from a prospective foster

carer the accredited agency shall be responsible to>

(a)

provide training to the prospective foster carer<

(b) assess the suitability or otherwise of the prospective

foster carer<

(c) draw up a report to be known as the “Home Study

Report” on the situation of the prospective foster carer, including

any recommendations and forward it to the Fostering Board, which

shall decide whether the prospective foster carer is suitable to be

approved as a foster carer.

(2) For the purposes of drawing up the Home Study Report,

the social worker authorised by the accredited agency shall carry out

the necessary home visits. The visits may be unannounced and the

prospective foster carer shall not refuse entry, shall co-operate with the

social worker and shall provide correct information to the best of his

knowledge.

(1) A foster carer shall have the rights and duties listed in

the foster care agreement.

(2) Any rights and duties pertaining to the foster carer in

accordance with the foster care agreement shall not be perceived to be

seen as a permanent right or duty.

(3) The foster care agreement in terms of sub-article (1)

shall be in the best interest of the child and shall provide for detailed

information related to the rights and duties of the foster carer and it

shall specifically include>

(a) the extent to which the foster carer may make decisions

with regard to the child in his care<

(b) the frequency of contact of the child with the natural

parent or parents<

(c)

the child’s care plan<

(d) matters of education, health and maintenance of the

child< and

(e)

any other matter pertinent to the child in foster care.

(4) The Fostering Board, the accredited agency, the natural

mother, the natural father if he has recognised the child, the foster carer

and the Children and Young Persons Advisory Board, where applicable,

shall be provided with a copy of the foster care agreement, and any

amendments thereto shall be agreed to by the parties and shall be

communicated in writing to all the parties having a copy of the original

agreement.

(5) The foster care agreement, drawn up by the accredited

agency, shall be signed by the accredited agency, the foster carer and

the person having care and custody of the child. This agreement shall

be drawn up after having heard the child to be fostered, according to his

age and understanding, and any person caring for the child. Any person

having parental authority shall also be heard if such person can be found

and is capable of expressing his views.

(6) In the event of disagreement on the amendments to the

foster care agreement, every party may refer the matter to the Civil

Court (Voluntary Jurisdiction Section), and the court shall decide in

the best interest of the child concerned.

(7) The foster care placement may be terminated by the

accredited agency if>

(a) the foster carer does not conform with the foster care

agreement< or

(b) the Fostering Board decides that the foster carer is no

longer suitable to provide foster care< or

(c) the foster care placement is no longer in the best interest

of the child.

A foster carer shall ensure that the child placed in his care Rights of

children in

shall be cared for, maintained, instructed and educated according to the foster care.

child’s abilities, aspirations and natural inclinations. The child shall

also have access to the social worker who is taking care of the placement.

(1) During a foster care placement the accredited agency Monitoring

of foster care

shall designate a social worker to monitor a foster carer registered with placement.

it by drawing up a Review Report at least once every two years so that

it may determine whether the foster carer is fulfilling the obligations in

accordance with the provisions of this Act and the foster care agreement

and whether such carer should be allowed to continue caring for the

child. This report shall be drawn up before the two year period has

elapsed if the foster carer needs to be assessed before the expiration of

this period.

(2) For the purposes of drawing up the Review Report, the

social worker shall carry out the necessary home visits. The visits may

be unannounced and the foster carer shall not refuse entry, shall co-

operate with the social worker and shall provide correct information to

the best of his knowledge. The social worker carrying out the visit shall

be entitled to be assisted by a member of the Police Force in case of any

hindrance or obstruction in the exercise of such duty.

PART VI

OFFENCES

(1) Any person who makes or gives, or agrees or offers to

make or give, or receives or agrees to receive, or attempts to obtain any

payment or other reward for or in consideration of any arrangements

for a foster care placement shall be guilty of an offence and shall, on

conviction be liable to imprisonment for a term of not less than three

months and not exceeding six months or to a fine (multa) of not less

than five hundred liri (Lm500) but not more than one thousand liri

(Lm1,000) or to both such fine and imprisonment, in addition to any

order deemed fit in the circumstances in order to protect the child in

respect of whom the offence was committed.

(2) For the purposes of this article, the making of any

arrangements for the placement of a child in foster care shall not include

any payments made for the maintenance of the child or remuneration to

professionals for services rendered by them.

(1) Without prejudice to any regulations made under this

Act, a person shall not, without the approval in writing of an accredited

agency, publish or cause to be published in any newspaper, periodical

or any other printed matter or by means of broadcasting, television,

public exhibition or by any other means or medium, any advertisement,

news item or other matter indicated, whether or not in relation to a

particular child, born or unborn, that>

(a)

a child may be placed in foster care<

(b) a person intends to foster a child< or

(c) a person intends to make arrangements for the placement

of a child in foster care.

(2) Without prejudice to any regulations made under this

Act, a person shall not, without the approval in writing of an accredited

agency, publish or cause to be published in any newspaper, periodical,

any other printed matter or by means of broadcasting, television, public

exhibition or by any other means or medium>

(a)

the name of a foster carer<

(b) the name of a child who is or will be placed in foster

care<

(c) the name of a natural parent, curator or tutor of the child

who is or will be placed in foster care< or

(d) any matter likely to enable any of the persons mentioned

in paragraphs (a), (b) and (c) of this sub-article to be identified.

(3) Any person who acts in breach of this article shall be

guilty of an offence and shall, on conviction, be liable to imprisonment

for a term of not less than three months and not exceeding six months

or to a fine (multa) of not less than five hundred liri (Lm500) but not

more than one thousand liri (Lm1,000) or to both such fine and

imprisonment, without prejudice to any payment of damages that are

deemed fit in the circumstances.

A person shall be guilty of an offence and shall on conviction Use of force.

be liable to imprisonment for a term of not less than three months and

not exceeding six months or to a fine (multa) of not less than five hundred

liri (Lm500) but not more than one thousand liri (Lm1,000) or to both

such fine and imprisonment, if such person>

(a) threatens or forces a foster carer, against his will, to give

up a child placed in his care<

(b) takes the child away from a foster carer against the

child’s will, without the approval in writing of an accredited agency<

(c) threatens or forces a foster carer, against his will, to give

up to any order issued by any court of law or issued by virtue of

the Children and Young Persons (Care Orders) Act<

(d) threatens or forces a foster carer, against his will, to act

in breach of the provisions of this Act<

(e)

threatens or causes any type of damage to a foster carer<

or

(f)

forces entry into the residence of a foster carer.

Any person who in any way hinders or obstructs the Fostering

Board, the Board of Appeal, the Central Authority or an accredited

agency in the performance of any of their functions shall be guilty of an

offence and shall on conviction be liable to imprisonment for a term of

not less than six months and not exceeding one year or to a fine (multa)

of not less than five hundred liri (Lm 500) but not more than one thousand

liri (Lm 1,000) or to both such fine and imprisonment.

A person or organisation who makes arrangements to place

a child in foster care without the authorisation of the Central Authority

shall be guilty of an offence and shall on conviction be liable to

imprisonment for a term of not less than six months and not exceeding

one year or to a fine (multa) of not less than five hundred liri (Lm500)

but not more than one thousand liri (Lm1,000) or to both such fine and

imprisonment.

Where any person acts in breach of any provision of this Act

or any regulations made thereunder, and a specific penalty is not provided

for the offence under this Act or any regulations made thereunder, such

person shall, on conviction, be liable to a fine (multa) of not less than

one hundred liri (Lm100) but not more than one thousand liri (Lm1,000).

PART VII

REGULATIONS

The Minister may make regulations>

(a) for the protection, supervision and control of children

placed in foster care<

(b) for the accreditation, monitoring and control of agencies

and for the refusal or revocation of such accreditation<

(c) to provide for any rights and duties pertaining to a foster

carer, including that which should be established in the foster care

agreement<

(d) to regulate the different types of foster care<

(e)

to establish penalties for breach of the provisions of this

Act<

(f) to establish the procedure to be followed by the Fostering

Board and the Central Authority<

(g) to lay down the rules on the powers of and the procedures

to be followed by the Board of Appeal< and

(h) for any incidental and supplementary matter which the

Minister considers expedient to provide for, for the effective

implementation of the provisions of this Act.

PART VIII

TRANSITORY PROVISIONS

(1) All persons who, prior to the date of entry into force of Transition period.

this Act, were approved as foster carers by the Adoption and Fostering

Panel, shall be temporarily approved as foster carers by the Fostering

Board if they have communicated their approval in writing to such

Board, either personally or through an accredited agency, within three

months of the date of entry into force of this Act.

(2) Following the communication referred to in sub-article

(1), the Fostering Board shall>

(a) direct an accredited agency to include the foster carer in

its register of foster carers and such foster carer shall be assessed

by the accredited agency in order to determine whether he should

be allowed to continue acting as such< and

(b) issue the official documentation and official letter

referred to in article 4 (f).

(3) Following the assessment specified in sub-article (2),

the foster carer shall enter into a foster care agreement and continue to

be monitored and assessed in accordance with article 26.

(4) All organisations which, prior to the coming into force

of this Act were providing foster care services shall, within one month

of the coming into force of this Act apply for accreditation in accordance

with article 8 in order to be able to continue providing foster care

services.

(5) All organisations as specified in sub-article (4) which

do not apply for accreditation within the specified time limit and which

continue providing foster care services shall be in breach of article 31.

Passed by the House of Representatives at Sitting No. 552 of 17th July, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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