ACT No. III of 2017 AN ACT to replace the Children and Young Persons (Care Orders) Act, the Foster Care Act and the Placing of Minors Regulations, to introduce child protection orders, to provide for appropriate alternative care and protection for children deprived of

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

13th January, 2017

ACT No. III of 2017

AN ACT to replace the Children and Young Persons (Care

Orders) Act, the Foster Care Act and the Placing of Minors

Regulations, to introduce child protection orders, to provide for

appropriate alternative care and protection for children deprived of

parental care or at the risk of being so.

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:-

(1) The short title of this Act is the Child Protection Short title,

scope and

(Alternative Care) Act, 2017.

commencement.

(2) The principal aim of this Act shall be to safeguard, protect

and give priority to the best interest of the child in all instances and to

guarantee permanency of the children’s future in the shortest possible

time.

(3) The provisions of this Act shall come into force on such

date as the Minister for the Family and Social Solidarity may, by

notice in the Gazette, establish, and different dates may be so

established for different provisions and for different purposes of this

Act.

PRELIMINARY PROVISIONS

In this Act, unless the context otherwise requires

"the Agency" means the Government agency responsible for the

welfare of children in alternative care established in terms of article

31;

"alternative care" means the placement of a child in the care of a

person or entity, other than the child’s parents, which placement has

been ordered by the court or as a result of administrative measures

and the term "alternative carer" shall be construed accordingly;

"Board of Appeal" means the Board of Appeal established in

terms of article 46;

"care and protection" means that care and protection which a

parent may reasonably be expected to give to his child for the purpose

of promoting his full potential, taking into account the abilities,

natural inclinations and aspirations of the child;

"Care Order" means an order issued in terms of article 18(1)(a);

"care plan" means a plan drawn up in accordance with article 12

to promote the development and well-being of the child;

"care review" means the sitting wherein all matters relevant to

the well-being of the child, including the care plan of such child, are

reviewed, taking into account any significant changes in connection

with the child;

"Care Standards Authority" means the authority established by

virtue of the Care Standards Authority Act;

"central authority" means the authority established by virtue of

the Adoption Administration Act;

"child" means a person who is under the age of eighteen years;

"Children’s Advocate" means a lawyer appointed in terms of

regulation 3 of the Civil Court (Family Section), the First Hall of the

Civil Court and the Court of Magistrates (Gozo) (Superior

Jurisdiction) (Family Section) Regulations;

"Child Protection Order" means any one of the orders issued in

terms of article 18;

"cross-border foster care" means

(a) 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

(b) 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 the Agency, to a

child who is resident in Malta;

"Director" means the Director responsible for child welfare;

"Emergency Order" means an order issued in terms of article 19;

"Fostering Board" means the board established in terms of

article 33;

"foster care" means the placement of a child in the care of a

family, other than the child’s own family, which is selected, qualified,

approved and monitored for providing such care for a period

according to the care plan;

"foster carer" means one or more persons approved by the

Fostering Board to foster a child;

"foster care agreement" means an agreement entered into in

accordance with article 38;

"key social worker" means the social worker appointed by the

Agency to follow the development and well-being of a child in

alternative care and to co-ordinate and follow up progress of a care

plan in relation to that child;

"Minister" means the Minister responsible for child welfare;

"parent responsibility guidelines" means the guidelines issued in

terms of article 11;

"parents" means the mother or the father of the child or any

other person who, by an express provision of law, has parental

responsibility for such child;

"registered social worker" or "social worker" shall have the

meaning assigned to it by article 2 of the Social Work Profession Act; Cap. 468.

"Removal Order" means an order issued in terms of article

18(1)(e);

"residential care agreement" means an agreement entered into in

accordance with article 43;

"Review Board" means the Child Care Review Board

established under article 26;

"Supervision Order" means an order issued in terms of article

18(1)(b);

"Training Order" means an order issued in terms of article

18(1)(d);

"Treatment Order" means an order issued in terms of article

18(1)(c); and

"unaccompanied minor" means a child who arrives in Malta

unaccompanied by an adult who by law or custom is responsible for

him, and for as long as the child is not effectively taken into care of

such an adult and includes any minor who is left unaccompanied after

he has entered Malta.

PART I

OF CHILD PROTECTION

TITLE I

Sub-title I

OF THE DIRECTOR RESPONSIBLE FOR CHILD PROTECTION

(1) There shall be a Director having responsibility to

protect children at risk.

(2) There shall also be other officers of the Director who shall

exercise and perform all such powers, functions and duties as may be

delegated or assigned to them by the Director.

(3) In the exercise and performance of the powers, functions

and duties delegated or assigned to them as aforesaid, the officers of

the Director shall, unless the contrary intention appears, have the

same obligations and enjoy the same protection and privileges as are

by law imposed on or given to the Director.

(4) The office of the Director shall be a body corporate having

a distinct legal personality and shall be capable of entering into

contracts, of employing personnel, of acquiring, holding and

disposing of any kind of property for the purposes of its operations

and of suing and of being sued and of doing all such things and of

entering into all such transactions as are incidental or conducive to

the performance of its functions under this Act.

Without prejudice to the functions, which may be assigned Functions of the

to it by this Act, or by any other laws or regulations, the function of Director.

the Director shall be to investigate any alleged harm or risk of harm to

a child and to take such action as may be considered appropriate for

the protection of such child. For these purposes the Director shall

(a)

act in the best interest of the child at risk;

(b)

ascertain the views and wishes of the child at risk;

(c)

collaborate with others involved in the protection of

the child at risk;

(d) enquire about whether any action taken in relation to

the child at risk is appropriate;

(e)

provide guidance for the parents and the family of

the child at risk; and

(f)

from time to time issue guidelines with respect to

what may constitute significant harm or risk of significant harm.

(1) The Director shall hold regular meetings at suitable Liaison with

intervals with representatives of the Education Department, the Education

Department and

Department of Health, the Police, and of any such other person or other entities.

entity that the Director deems to have responsibility for the protection

of children, or of a child in particular, to discuss any matter, which

falls within such responsibility, and together with each department

and entity set policies and protocols.

(2) Minutes of such meetings shall be kept and the progress

made between one meeting and another shall be monitored by the

Director.

(3) Where a meeting is held to discuss the case of a child in

particular, the Director may require any person or entity attending the

meeting to report on the progress of the child and a copy of such

report shall be attached to the records held by the Director in relation

to that child.

(4) Every person or entity attending the meeting shall be

bound by confidentiality and shall not disclose to any third party any

information, which may come to their knowledge during the

meetings. These persons or entities shall also not distribute to any

third party any document, or any copies thereof, which may have

been circulated during the meetings unless, requested or duly

authorised to do so by any court of law.

(1) The affairs and business of the office of the Director,

including its administration and organisation, and organisation and

administrative control of its officers and employees, shall be the

responsibility of the Director.

(2) The Director shall be appointed by the Minister, following

a public call, for such period as the Minister may deem appropriate,

from among persons having at least eight years professional

experience in social work with children and who are in possession of

a warrant recognised by the Social Work Profession Board.

The legal and judicial representation of the office of the

Director shall vest in the Director.

Sub-title II

OF CHILD PROTECTION

(1)

Any person who has reason to believe that a child,

born or to be born, is suffering or is likely to suffer significant harm,

shall report the circumstances on which the belief or suspicion is

based to the Director or the Executive Police.

(2) Any person who, in the course of his or her work, whether

voluntary or paid, comes in contact with a child and has reason to

believe that the child is suffering or is likely to suffer significant

harm, shall, with immediate effect report to the Director or the

Executive Police and the report is to be followed in writing within

two working days

Provided that where a report is made to an entity or

institution, other than the Director or the Executive Police, that entity

or institution shall record in writing the report and shall, without

delay, and in no case not later than one working day from receipt of

the report, refer the report to the Director or the Executive Police.

(3) Any person who, in the course of his or her work, whether

voluntary or paid, comes in contact with a pregnant woman and has

reason to believe that the unborn child is suffering or is likely to

suffer significant harm, shall, without delay and not later than two

days from the day on which significant harm, or risk thereof, is

ascertained, report to the Director and the Director shall provide, or

make arrangements to provide, such services as are deemed to be

necessary to support the woman and child

Provided that all efforts shall be made to keep the woman

and the child together after the birth of the child, unless this is

manifestly contrary to the safety and well-being of the child.

(4) Any person referred to in sub-articles (2) and (3) who fails

to make a report shall be guilty of an offence and shall be liable on

conviction to imprisonment for a term of four months to one year or

to a fine (multa) not exceeding five thousand euro (€5,000), or to both

such fine and imprisonment.

(5) Without prejudice to any other punishment to which the

offender may be liable under any other law, any person who

maliciously makes a report shall be guilty of an offence and shall be

liable on conviction to imprisonment for a term of four months to one

year or a fine (multa) not exceeding five thousand euro (€5,000), or to

both such fine and imprisonment.

(6) For the purposes of this article and of other provisions of

this Act "significant harm" includes abuse, neglect, ill treatment,

exploitation, abandonment, exposure, and trafficking of any of the

persons mentioned in sub-title VIII BIS of Title VIII of Book First of

the Criminal Code.

(1) The Director shall keep a register recording therein Action on

report.

all reports which he receives in terms of article 8.

(2) The Director shall, within five working days from receipt

of the report, determine, on the basis of the information provided,

whether there is or not sufficient reason to believe that the child is

suffering, or is likely to suffer, significant harm. In the first case, the

Director shall make such investigations and assessments as it

considers necessary to determine whether the child is in need of care

and protection and, in the second case, he shall dismiss the report and

state in detail the reasons for the dismissal.

(3) The Director shall be allowed the term of thirty working

days to conduct the investigations and assessments referred to in the

preceding sub-article, to run from the day of the decision of the

Director that the child is suffering, or is likely to suffer, significant

harm. The said term may, upon good cause, be extended by the

Director to an additional period of sixty working days.

(4) Where the Director determines that the child is in need of

care and protection he shall take such action as is necessary to protect

such child, which, without prejudice to any other action that the

Director considers appropriate to take, may include any one or more

of the following

(a) recommends and/or enforces the provision of

support services for the child taking into account the particular

needs of that child;

(b) recommends and/or enforces the provision of

support services for the child’s parents or to any other person

who appears to have responsibility for such child;

(c)

issues parent responsibility guidelines;

(d)

applies to the court to make an emergency order;

(e)

applies to the court to make the appropriate child

protection order;

(f)

submits the report to the Executive Police for further

investigations in all cases involving child abuse or neglect; or

(g) gives information to the Executive Police of any

offence liable to prosecution by the Police in accordance with

the relevant provisions of the Criminal Code.

(1)

In the exercise of his functions under article 9, the

Director may

(a) enter and inspect the premises where the child is

being kept;

(b) interview the child in the presence of a police officer

or any other professional;

(c)

require any information as may be reasonably

required in relation to the investigation;

(d) enquire any person who appears to him to be

engaged in the care of the child on any matter relating to the

investigation; and

(e)

obtain photographs, films, video recordings or

electronic images as necessary evidence

Provided that the Director may exercise the powers

mentioned in paragraphs (a) and (e) only upon authorisation by the

Court of Magistrates.

(2) The aforesaid authorisation shall be given within two days

from the date on which the Director files an application requesting

such authorisation. The application shall state the grounds for the

request and the Director shall give to the Court of Magistrates all such

information as is necessary for the Court to decide on the request.

Before deciding whether to give authorisation the Court may require

the Director to confirm on oath the information supplied by him and

the authorisation shall only be given upon the Court being satisfied

that sufficient grounds for giving authorisation exist.

(3) The Director shall hand over a copy of the authorisation to

any person occupying the premises where the child at risk is being

kept, or to any such other person who appears to the Director to have

responsibility for such child.

(4) The Director shall exercise his powers referred to in sub-

article (1) only to the extent required for the purpose for which the

authorisation was given.

(1) In considering which action to take, the Director Parental

shall have regard to the appropriateness of issuing parental responsibility

guidelines.

responsibility guidelines to resolve a matter concerning a child’s need

for care and protection without making an application to the Court to

make a child protection order.

(2) The guidelines mentioned in the preceding sub-article shall

be signed by the Director and the parents of the child and shall take

effect upon their signature.

(3) The Director may impose in the guidelines such terms and

conditions as he may think fit. In particular, the Director may impose

terms and conditions in relation to the following

(a)

treatment of substance abuse during the term of the

guidelines;

(b)

treatment for the perpetrator of domestic violence;

(c)

counselling, or psychological treatment or any other

form of medical treatment;

(d)

substance abuse testing;

(e)

courses aimed at improving the parenting skills of

the parents;

(f)

support and counselling to the child;

(g)

educational and medical assistance of the child; and

(h) the method of monitoring compliance with the

guidelines

Provided that the guidelines shall specify the period during

which such guidelines will be in force and also the circumstances in

which a breach thereof will authorise the Director to file an

application for any one or more of the orders mentioned in article 18

Provided further that the guidelines shall not make

provision for or with respect to the assignment of parental

responsibilities for a child.

(4) Upon signature, the Director shall notify the Agency

responsible for child welfare to appoint a social worker to follow the

development and well-being of the child in accordance with the

guidelines. For this purpose, the social worker shall monitor the

compliance of all parties to the guidelines and make periodical

reports to the Head of the Agency who shall forward the said reports

to the Director.

(5) The Director shall also notify any other agency, which is

responsible for the welfare of families, and any such other agency

shall appoint a social worker to provide guidance to the parents in

accordance with the guidelines. The social worker shall also make

periodical reports to the Director.

(6) The guidelines shall remain in force for the period

specified therein unless terminated before the expiry of such period

by the Director by causing a notice to be served on the parents of the

child.

(7) Where the Director desires to proceed with a variation of

any of the terms of the guidelines, the Director may vary any of such

terms with the agreement of all parties to the guidelines

Provided that the varied guidelines shall not have effect

unless agreed to in writing by the parents.

(8) The Director shall, at all times, take into account the views

of the child, if considered to have sufficient understanding.

(1) For the purposes of article 17(4) and article 19(6),

the Director shall hold a conference among those involved in the case

to establish a care plan.

(2) The care plan referred to in the preceding sub-article shall

include the following

(a)

the relevant identification particulars concerning the

child;

(b) the reasons for which a child protection order has

been requested and eventually issued;

(c)

the goals of the care plan, and, where applicable,

those of the placement in alternative care;

(d) the treatment and assistance that the parents should

receive with a view to mitigate or revoke the effects of the child

protection order;

(e)

the place and frequency of contact of the child with

his family;

(f)

where applicable, the place where the child will

reside;

(g) matters relating to the education,

health,

maintenance and welfare of the child; and

(h)

a copy of any decision given by the court.

(3) The care plan shall in all cases be prepared with the

participation of the child, if considered as having sufficient

understanding, and with the participation of any such other person or

entity as the Director may deem appropriate in the circumstances of

the case.

(4) The care plan shall be filed in the records of the cause of a

child protection order by means of a note and any variations thereto

shall not have effect unless a note to that effect is filed in the registry

of the said Court of Magistrates.

(5) The care plan shall be subject to reviews by the Review

Board in terms of the provisions of this Act.

TITLE II

OF THE COURT OF MAGISTRATES

Sub-title I

OF THE PROCEEDINGS BEFORE THE COURT

OF MAGISTRATES

(1) The Court of Magistrates shall have jurisdiction to Composition of

the court.

try and determine all causes in terms of this Act.

(2) In the proceedings before it, the Court of Magistrates shall

be assisted by two assistants, appointed in terms of this article, whom

the Court of Magistrates shall consult in any case for its decision

Provided that the Court of Magistrates may in

extraordinary circumstances dispense with consulting the two

assistants.

(3) The consultation shall take place with closed doors, unless

it appears to the Court of Magistrates that the ends of justice require

the consultation to take place in open court. The court shall not be

bound to abide by the opinion of the assistants

Provided that where the Court of Magistrates does not

abide by the opinion of the assistants, a record of this fact, together

with the reasons therefor, shall be made in the acts of the proceedings.

(4) The two assistants shall be appointed by the Minister

responsible for Justice, following a public call for applications, from

amongst persons having a minimum of five years of professional

experience in child care, child welfare, child development, child

protection, child law or child psychology

Provided that the Minister responsible for Justice may, at

any time, appoint more than two persons as assistants of the Court of

Magistrates but only two such persons shall assist the Court of

Magistrates in any one case

Provided further that where, at any time, there are more

than two assistants, the Court of Magistrates shall retain, as far as

possible, the same composition as established at the beginning of the

first sitting of the Court of Magistrates.

(5) A person appointed as assistant of the Court of Magistrates

shall, at the beginning of the first sitting of the court after his

appointment, take in open court an oath to discharge his functions

faithfully, impartially and in accordance with this Act.

(6) The assistants of the Court of Magistrates may abstain or

be challenged for the same reasons and on the same grounds as,

according to law, a magistrate may abstain or be challenged. Any

question regarding any cause of abstention or challenge shall be

decided by the Magistrate.

(7) The office of an assistant of the court shall become vacant

(a) at the expiration of five years from the date of his

appointment; or

(b) if he is removed from office by the Minister

responsible for Justice on the ground that he is unfit to continue

in office or has become incapable of, or is not, properly

performing his duties; or

(c)

he resigns from office

Provided that an assistant may, on the expiration of his

term of office, be appointed to hold office for subsequent terms.

(1) The court shall hold sittings in Malta and in Gozo. Sittings of the

The day and time of each sitting shall be determined by the presiding Court

Magistrates.

Magistrate.

(2) The Minister responsible for Justice shall, by notice in the

Gazette, determine the building or buildings where the court shall sit

in Malta and Gozo.

(3) Causes shall be tried with closed doors

Provided that it shall be lawful for the Court of Magistrates

to order that the cause be heard in open court, where the ends of

justice so require, in which case the order of the court shall be

recorded in the acts of the proceedings.

(4) The judgment shall in all cases be delivered with closed

doors, unless the Court of Magistrates determines otherwise where

the interests of justice so require.

The acts and documents of the Court of Magistrates shall Accessibility of

not be open to inspection, nor shall copies thereof be given, without acts

documents of

the special permission of the Court of Magistrates, except by or to the the

Magistrates.

parties concerned or by or to any advocate or legal procurator

authorized by such parties.

(1) Where in any proceedings affecting the child, the Conduct of

Court of Magistrates considers the child to have sufficient court.

understanding, it shall before taking a decision

(a)

ensure that the child has received all relevant

information, including but not limited to information in relation

to procedures that have been, or are to be, taken with respect to

the child and the reasons thereof;

(b) consult with the child in a manner appropriate to his

understanding, unless this would be manifestly contrary to the

best interests of the child;

(c)

allow the child to express his views

Provided that the Court of Magistrates shall in all cases

give due consideration to the views expressed by the child.

(2) Where the Court of Magistrates does not itself consult the

child, it shall ensure that the person consulting the child has received

appropriate training to make such consultations, and in the case of

unaccompanied minors, the court shall also ensure that the person

consulting such minors has the appropriate linguistic and cultural

sensitivity.

(3) The ascertained or ascertainable views of the child or,

where the views of the child cannot be ascertained, the reasons

thereof, shall be recorded in the acts of the case by the Court of

Magistrates or by the person consulting the child.

(4) The views of the child shall be ascertained with sensitivity

and in a manner that does not cause unnecessary harm to the child.

(5) In any proceedings before the court, the court shall take

into account

(a) the views of the child, if the child is considered to

have sufficient understanding;

(b) the physical, emotional and educational needs of the

child and the capability of the parents, or other appropriate

persons, of contributing towards those needs;

(c)

the effect that any change in circumstances may

have on the child;

(d) the age, background and characteristics of the child

that the Court of Magistrates deems relevant;

(e)

the harm that the child has suffered or may suffer;

and

(f)

any other relevant matter.

(6) The court shall appoint the time at which the child is to be

heard. The court shall also, whenever it deems it in the best interests

of the child so to act, hear such child at a place equipped with audio

and video recording facilities.

Sub-title II

OF CHILD PROTECTION ORDERS

(1) The demand for the issue of any child protection Application.

order shall be made by the Director by means of an application to the

Court of Magistrates.

(2) The application referred to in sub-article (1) shall, besides

the relevant identification particulars of the child and, where

applicable, of the parents of the child, contain a clear statement of the

facts of the case, a report containing the findings of the investigations

and assessments, an indication of any available alternative form of

care, and such other documents as may be necessary in support of

such application.

(3) Upon receipt of any such application, the Court shall

appoint a Children’s Advocate for the child. The court shall then

appoint the application for hearing within five working days and shall

forthwith notify the Director, the parents of the child, the Children's

Advocate, the Agency and, where applicable, the special guardian, of

the date of such hearing.

(4) The Court of Magistrates shall, during the first sitting, hear

the application of the Director, the evidence in support of that

application, the parents of the child, the child, the Children’s

Advocate and, where applicable, the special guardian. Where the

Court of Magistrates is satisfied that the application is prima facie

justified, the court shall adjourn the case for another date, being a date

not later than two months from the date of the adjournment, and the

Director shall within that period prepare a care plan

Provided that where the application is for a care order, the

Court of Magistrates shall, following consultations with the Agency,

prescribe the place in which the child is to reside pending preparation

of the care plan.

(5) Where the Court of Magistrates is satisfied that the care

plan is appropriate in the circumstances of the case it shall make the

relative order, subject to such other conditions as the court may deem

appropriate to impose, including the assignment of parental

responsibilities to any person assigned with the responsibility to look

after the well-being of the child and shall refer the case to the Review

Board.

(1) In any proceedings instituted by the Director for the Child protection

making of a child protection order, the Court of Magistrates may orders.

make any one or more of the following orders

(a)

a care order providing for the placement of the child,

in need of care and protection, in some alternative care and,

whenever deemed necessary, for the assignment of parental

responsibilities to the Review Board, or the guardian, or the

alternative carer, or to any such other person or persons as the

court may deem appropriate;

(b) a supervision order putting the child under the

supervision of the Agency for a time to be specified in the order

and under those conditions which it may deem appropriate to

impose, including, the allocation of parental responsibility, or

any aspects of it, to such person or persons as the court may

deem appropriate;

(c)

a treatment order ordering the parents of the child to

receive treatment for substance abuse or domestic violence, or

psychiatric or psychological treatment;

(d) a removal order removing the perpetrator of

significant harm to the child from the place of residence of such

child and to provide protection to the child, and this without

prejudice to the provisions of the Criminal Code and the

provisions of the Civil Code.

(2) Without prejudice to any other relevant matter, which the

court may consider for the purposes of determining which order to

make, the Court of Magistrates shall take into account

(a) the views of the child, when considered as having

sufficient understanding;

(b)

the views of the parents;

(c)

where applicable, the views of the guardian;

(d) the capacity of the parents to safeguard the well-

being and harmonious development of the child;

(e)

the nature and quality of the child’s attachment to

his family;

(f)

the length of time during which the family of the

child had been receiving support and treatment services;

(g)

the degree of harm suffered by the child;

(h)

the degree of vulnerability of the child;

(i)

the child’s

cultural,

linguistic

and

religious

background; and

(j)

the child’s relationships with his siblings.

(3) For the purposes of sub-article (1)(a), the Court of

Magistrates shall take into account

(a) whether there are deficiencies in the everyday care

received by the child, or deficiencies in terms of the personal

contact and security needed by a child of his or her age and

development;

(b) whether the child who is ill, disabled or in special

need of assistance is receiving the treatment and specialized

care that the child requires;

(c)

whether the child is at risk of being abandoned; and

(d) whether, generally, the child is at risk of suffering

significant harm.

(4) In all cases where provision is made for the assignment of

any parental responsibilities to any person other than the parents of

the child the Court of Magistrates shall give preference to the family

of the child, unless it is manifestly contrary to the best interests of the

child.

(5) In all cases where an application for an order is made

under this article, the Court of Magistrates shall appoint a Children’s

Advocate to represent the interests of the child.

(6) Save for special and exceptional reasons, in any

proceedings for an order under sub-article (1), the Court of

Magistrates shall hear all evidence tendered by the child in one

sitting

Provided that the Court of Magistrates may, where it

deems it proper so to do, appoint a child expert or experts to hear such

evidence.

(1) Where the Director determines that a child is at Emergency

immediate risk of significant harm, he shall file an application order.

according to the prescribed form to the Court of Magistrates for an

emergency order to immediately remove the child from such place of

risk

Provided that where the child is suffering significant harm,

the Director may, with the assistance of the Executive Police, proceed

with the immediate removal of the child from such place of

significant harm without an order, but shall within twenty-four hours

from the time of removal, apply to the Court for such an order

Provided further that the provisions of article 133 of the

Civil Code shall apply mutatis mutandis where the Director deems

that an order authorizing the child to leave the parental house is in the

circumstances appropriate or expedient.

(2) The application shall contain a brief but clear statement of

the facts of the case and a request for the immediate removal of the

child from the place of harm. The Court of Magistrates shall appoint

the application for hearing not later than three working days from the

date of filing of the application and shall give its decision on the

application on the same day.

(3) The Court of Magistrates shall determine whether or not

sufficient grounds exist for the immediate removal of the child. In the

first case, the Court shall make an emergency order and, in the second

case, it shall dismiss the application. In any case, the Court of

Magistrates shall direct the Director to make such further

investigations to determine which action to take to safeguard and

promote the welfare of the child.

(4) The order shall be served by not later than the next day

from the date of the order on the Director, the Executive Police, the

Children's Advocate, the parents of the child and, where applicable,

the special guardian. The order shall also be served on the Agency to

place the child in alternative care pending further investigations in

accordance with article 9.

(5) The investigations shall be concluded within the term of

thirty working days from the date of the order, or dismissal of the

application, as the case may be

Provided that, upon good cause being shown, such term

may be extended for another period of ten working days upon a

demand in writing to the court.

(6) On the conclusion of the investigation, the Director shall

make a report to the Court of Magistrates stating therein which action

needs to be taken in relation to the child and the reasons for its

decision. The Director shall, in addition to the report, also prepare a

care plan.

(7) The Court of Magistrates shall, upon receipt of the report

and care plan, appoint a date, not later than three working days from

the date of receipt of the report and care plan, for hearing the

Director, the parents of the child, the child, the Children’s Advocate,

the special guardian, where applicable, and any such other person or

persons as the court may deem appropriate. The said court shall

thereupon determine the appropriate order for the care and protection

of the child, subject to such conditions as the court may deem

appropriate to impose, including the assignment of parental

responsibilities to any person having the responsibility to look after

the well-being of the child. The Court of Magistrates shall then refer

the case to the Review Board.

(1) Any person who comes in contact with an Unaccompanied

unaccompanied child shall refer that child to the Director. The children.

Director shall thereupon notify the Principal Immigration Officer for

him to register such child and to issue in relation to that child an

identification document.

(2) The Director shall immediately upon the child’s

registration and identification also apply to the Court of Magistrates

for temporary tutorship

Provided that where, among the relatives of the said child,

there are competent persons, the court shall appoint one of such

persons, preference being given, subject always to the best interests

of the child, to the nearest relative by consanguinity.

(3) The provisions of articles 161, 163 to 166, 168, 169, 171 to

173 and 175 to 187 of the Civil Code shall mutatis mutandis apply Cap. 16.

and without prejudice to the powers, functions and duties, which are

assigned to the tutor under those provisions or to such other powers,

functions and duties as may be assigned to him by the court, or by any

other law, the tutor shall be responsible to assist and support the

unaccompanied child and in particular to

(a) identify the persons or entities that need to be

involved to care for and protect the child;

(b) co-ordinate the efforts of all such identified persons

or entities;

(c)

ensure that the child is offered suitable care,

accommodation, education and health care;

(d) ensure that the child has suitable legal representation

to deal with his residence status, asylum claim, or any other

legal or administrative procedure; and

(e)

ensure that all decisions in relation to the child are

taken in his best interests.

(4) The Director shall refer the unaccompanied child to the

competent authorities for them to make such investigations and

assessments as they may consider necessary to determine whether the

claimant is, or is not, in effect an unaccompanied child. The Director

shall, pending such investigations and assessments, file an application

to the Court of Magistrates to make a temporary assessment order.

(5) Upon receiving the findings of the investigations and

assessments by the competent authorities, determining that the

claimant is in effect an unaccompanied child, the tutor shall file an

application to the Court of Magistrates to make a care order.

(6) Upon receipt of any such application, the Court of

Magistrates shall appoint a Children’s Advocate for the

unaccompanied child. The court shall then appoint the application for

hearing within five working days and shall forthwith notify the

Agency, or such other competent authorities or entities responsible

for the well-being of international protection seekers, as the case may

be, of the date of such hearing.

(7) The Court of Magistrates shall during the first hearing,

hear the application, the evidence in support of the application, the

unaccompanied child, the tutor and the Children’s Advocate. Where

the Court of Magistrates is satisfied that the claimant is in effect an

unaccompanied child, the Court shall adjourn the case to another

date, being a date not later than one month from the date of the

adjournment, and the Agency, or such other competent authority or

entity, shall within that period prepare a care plan and the provisions

of article 12 shall apply mutatis mutandis.

(8) Where the Court of Magistrates is satisfied that the care

plan is appropriate in the circumstances of the case it shall make a

care order, subject to such other conditions as the court may deem

adequate to impose, including the assignment of parental

responsibilities to the Agency, or to such other competent authority or

entity as the court deems appropriate. The court shall then refer the

case to the Review Board for review in accordance with the

provisions of this Act.

(1) Without prejudice to the power of the court to make

a child protection order, the court may also, on the application of the

relatives of that child, or of any one of the professionals assisting the

child, or of the alternative carers, or of any such other person close to

such child, make a special guardianship order in relation to the child

Provided that, where among the persons applying for

special guardianship there are relatives of the child, and the court

determines that such relatives are competent persons, the court shall

give preference to those relatives, subject always to the best interests

of the child.

(2) The following persons cannot be appointed special

guardians

(a)

persons who have not attained majority;

(b)

undischarged bankrupts;

(c)

persons who have been sentenced to the punishment

of imprisonment for a term exceeding one year, or to any

punishment for an offence affecting the good order of families,

or for fraud;

(d) persons who are of a notoriously bad character, or

manifestly untrustworthy or negligent;

(e)

any other person as the court may consider not

appropriate in the circumstances of the case.

(3) Before making an order in accordance with sub-article (1),

the court shall notify the Agency and the said Agency shall prepare a

report to the court on the suitability or otherwise of the applicants to

be special guardians.

(4) The court may allocate to the special guardian such

parental rights and responsibilities, which it considers necessary for

the care of the child. The court shall also determine whether such

rights and responsibilities shall be exercised solely by the special

guardian to the exclusion of the parents.

(5) In case of disagreement between the parents and the

special guardian on matters of particular importance, the parents or

the special guardian may apply to the court indicating those directions

which he or she considers appropriate in the circumstances. The

court, after hearing the parents, the special guardian and the child, if

the latter is considered as having sufficient understanding, shall

decide upon the issue. In the case of an imminent danger or serious

prejudice to the child the special guardian may take such measures

which are urgent and cannot be postponed.

(6) It shall be lawful for the court to appoint more than one

special guardian for the child. In such case, the court may, either of its

own motion or on the demand of one or more of the special guardians,

specify the parental responsibilities of each special guardian in

relation to the child. The court may also determine whether a special

guardian shall have the right to exercise the parental responsibilities

assigned to him to the exclusion of all others having parental

responsibilities for the child.

(7) Any special guardian so appointed in accordance with this

article shall be entitled to such support services as the Minister shall

from time to time determine by means of regulations.

(8) The court may suspend or remove a special guardian from

his office on any of the grounds mentioned in sub-article (2), or for

failure to render an account in due time, or for unfaithfulness in the

account rendered, or for any other just cause.

(9) In all cases the court shall chiefly consider the interest of

the minor.

(1) A child protection order shall remain in force until

the child attains the age of eighteen years, or the Court of Magistrates

revokes it.

(2) The Court of Magistrates may revoke a protection order

upon receipt of a recommendation to that effect, and the reasons

thereof, by the Review Board made in terms of article 28(5). The

Court of Magistrates shall before revoking such order take into

account

(a)

the recommendation to that effect, and the reasons

thereof, of the Review Board;

(b) the views of the child, if considered to have

sufficient understanding;

(c)

the views of the Children’s Advocate;

(d)

the views of the parents of the child;

(e)

the views of the key social worker;

(f)

the views of the alternative carer;

(g)

where applicable, the views of the guardian; and

(h) the views of any such other person as it may deem

appropriate.

(3) Where the Court of Magistrates determines that sufficient

grounds exist for the revocation of a protection order it shall refer the

matter to the Review Board to prepare a reintegration plan and the

provisions of article 30 shall apply.

(4) Where the Court of Magistrates determines that no

sufficient grounds exist for the revocation of a protection order, it

shall make a decree ordering the continuance of reviews before the

Review Board and shall provide the reasons thereof.

(5) For the purposes of the preceding sub-articles (3) and (4),

the court shall take into account

(a)

the age of the child;

(b) the wishes of the child and the weight to be given to

those wishes in accordance with the child’s age and maturity;

(c)

the length of time the child has been in the care of

the current alternative carers;

(d) the strength of the child’s attachments to his parents

and the current alternative carers;

(e)

the capacity of the parents of the child to provide an

adequate standard of care for the child; and

(f)

the risk of psychological harm that the child may

suffer if present care arrangements are varied or revoked.

(1) The court may decree that an alternative Alternative

permanency plan is, in the circumstances of the case, in the best permanency

plan.

interests of the child. The court may make such a decree either on the

application of the Director, made together with an application for a

child protection order, or otherwise on the recommendation of the

Review Board in accordance with article 28(6).

(2) Before making the said decree, the court shall ascertain the

views and wishes of the child, if considered as having sufficient

understanding, and of any such other person or entity, which it may

deem relevant for the purpose of ascertaining such views and wishes.

(3) Where the Court makes a decree in accordance with this

article, it may also allocate parental responsibilities to the alternative

carers, particularly in relation to matters of education, health and

overseas travel. The court may also impose any such other condition

as it may deem appropriate to impose in the circumstances of the

case.

(4) Any review of the alternative permanency plan shall take

place at least once every year by means of a report drawn up by the

key social worker, which report shall be presented to the Review

Board. The said board shall, whenever it deems it proper so to do,

summon any person or entity to appear before it and require them to

produce any document, which it may require

Provided that the Review Board shall have the power to

hear the child at any time during which the alternative permanency

plan is in effect to ascertain the well-being of such child.

(1) In accordance with the provisions of this article, the

court may on the application of the Agency decree that a child under a

care order be freed for adoption.

(2) The application mentioned in the preceding sub-article

shall, besides the relevant identification particulars of the child and,

where applicable, of the parents of such child, also contain detailed

reasons for the request. Where the prospective adoptive parents have

been identified, the application shall also contain their identification

particulars

Provided that where among the persons identified as

prospective adoptive parents there are the alternative carers, the

Agency may in the application give preference to such carers, subject

always to the best interests of the child.

(3) The application shall be served on the parents of the child

who shall have twenty days within which to file a reply. The parties

shall then be notified with the date for the hearing of the application.

(4) Before making a decree freeing the child in care for

adoption, the court shall

(a) hear and ascertain the views and wishes of the child,

if considered as having sufficient understanding;

(b) hear any person who has been entrusted with the

care and custody of the child to be freed for adoption;

(c)

hear the parents of such child;

(d) hear the Children’s Advocate, the key social worker

and any such other person, whom it deems relevant;

(e)

take into account whether the freeing for adoption

would be in the best interests of the child;

(f)

take into account whether there are any reasonable

prospects for the parents to become able to care for the child;

and

(g) take into account the consent of the parents to the

freeing for the adoption

Provided that the absence of consent of the parents shall

not, of itself, be a bar to the freeing of the child for adoption.

(5) Where the court makes a decree to free the child for

adoption, it shall state the reasons for its decision. In all cases where

the Agency has in the application also identified the prospective

adoptive parents, the court shall refer the decree, together with the

application, to the competent court, which by law has power to make

adoption decrees and the provisions of the Civil Code in relation to Cap. 16.

adoptions shall apply.

Sub-title III

OF THE CHILDREN’S ADVOCATE

(1) Without prejudice to the functions of the Children’s Children’s

Advocate arising from any other law, the Children’s Advocate shall: Advocate.

(a)

provide legal advice and assistance to the child;

(b) establish and present the views of the child before

any court of law or any administrative authority;

(c)

provide explanations to the child concerning the

possible consequences in the case of compliance with his or her

views; and

(d)

provide the child with all relevant information

Provided that the Children’s Advocate shall provide to the

child the explanations and all the relevant information as mentioned

in paragraphs (b) and (c) only where the child is considered as having

sufficient understanding.

(2) The Children’s Advocate shall receive such relevant

training as from time to time may be prescribed by regulations made

by the Minister responsible for Justice to effectively represent and

ascertain the views and wishes of the child.

TITLE III

OF THE CHILD CARE REVIEW BOARD

(1) There shall be set up in accordance with the

provisions of this Act, a board known as the Child Care Review

Board, which shall be composed of five members as follows

(a)

four members shall be appointed by the Minister of

whom

(i) one person shall be a Chairperson holding a

warrant of advocate and having at least five years of

professional experience in family or child law;

(ii) one person shall be qualified in any one of the

mental health professions, preference being given to

persons having at least five years of professional

experience;

(iii) one person shall be qualified in the medical

profession, preference being given to persons having at

least five years of professional experience; and

(iv) one person shall be qualified in family therapy,

preference being given to persons having at least five

years of professional experience; and

(b) one person shall be a registered social worker and

having at least five years of professional experience in social

work appointed by the Commissioner for Children.

(2) The members of the Board shall hold office for a period of

four years from the date of appointment and a member shall, on

ceasing to be such a member, be eligible for re-appointment.

(3) A member of the Board may be removed from the office

by the Minister if such member is unfit to continue in office or has

become incapable of, or is not, properly performing his duties or in

the event of any of the circumstances which disqualify such person

from remaining a member of the Board.

(4) The appointment of any person as a member of the Board

and the termination of office or resignation of any such person, as

well as any other additional functions assigned to the Board by the

Minister, shall be notified in the Gazette, and it shall have effect

forthwith

Provided that failure to publish the appointment or

termination, as the case may be, shall not prejudice the validity of

such appointment or termination.

(1) The Board shall have such functions and powers as Functions and

are assigned to it under this Act or under any other law, or as may be powers

Board.

assigned to it from time to time by the Minister.

(2) Without prejudice to its other powers and functions arising

under this Act or under any other law, the powers and functions of the

Board shall include

(a)

to hold periodical reviews of the care plan;

(b)

to examine reports drawn up by the key social

worker;

(c)

to make recommendations to the Court of

Magistrates on the child’s and family’s situation, including the

family’s actual and potential capacity to care for the child, to

decide whether reintegration of the child in the family is

possible and in the best interests of the child;

(d) to make recommendations to the Court of

Magistrates on the appropriateness of the child protection order

from time to time;

(e)

to vary the care plan where and when necessary;

(f)

in case of disagreement on matters of particular

importance, to take decisions which it deems in the best interest

of the child; and

(g)

exercise general supervision over the child.

(3) Subject to the provisions of this Act and to such

regulations as may be made under this Act, the Board shall regulate

its own procedure.

(4) For the purposes of carrying out its functions under this

Act, the Board shall have the power to access all relevant

documentation by whomsoever held and to request the help of any

person, by specifying the action which is required from any such

person, whenever the Board deems that such action can help it in the

exercise of any of its functions.

(1) The first review of the care plan shall take place Reviews.

before the Board not later than four months from the date of the child

protection order, and any subsequent reviews shall take place at least

once every six months

Provided that the key social worker or guardian of the

child, as the case may be, may apply to the Board to review the case

before the expiration of the six month period on the grounds that the

child is suffering, or is likely to suffer, significant harm in the

placement or as a result of the care plan. In either case, the Board

shall appoint the application for hearing not later than five days from

the filing of the application and shall, after hearing all parties

concerned, give its decision on the application with urgency.

(2) The key social worker shall, during the first review present

to the Review Board a concurrent plan for the child. The said plan

shall simultaneously define the requirements which the parents need

to satisfy, for the purposes of reintegration or reunification of the

child with such parents, and establish an alternative permanency plan

Provided that the key social worker shall make all

reasonable efforts to reintegrate or reunify the child with the parents,

subject always to the best interests of the child.

(3) The Review Board shall, on the day appointed for every

other subsequent review, hear the parents of the child, the key social

worker, the alternative carer and, where applicable, the guardian, to

determine whether progress is, or is not, being made in accordance

with the care plan

Provided that the Review Board may, whenever it deems it

in the best interests of the child so to do, or whenever the child

expresses his wish to be heard by the Review Board, hear such child

and, for this purpose, may also appoint an alternative date, time or

place, which is different from such date, time or place that is

appointed for the review.

(4) The Board may also consult with such professionals, or

other persons, as it may deem appropriate. For such purpose, the

Board may invite any such professional or other person to attend

meetings of the Board.

(5) Where the Review Board determines that sufficient

progress has been made, justifying the revocation of a child

protection order, it shall make a recommendation to the court to that

effect for a final judgment.

(6) Where the Review Board determines that no sufficient

progress has been made, justifying the revocation of a child

protection, and two years have lapsed from the date on which a

concurrent plan was presented to the Review Board by the key social

worker, the said Board shall proceed to determine whether there are

or not any reasonable prospects for reintegration or reunification of

the child with his parents. In the first case the Review Board shall

continue with the periodical reviews, subject to any variations to the

care plan, which it deems necessary in the circumstances of the case

and, in the second case, the Review Board may recommend to the

court that the alternative permanency plan should have effect

Provided that the Review Board may recommend to the

court that the alternative permanency plan should have effect at any

time during which the child is under a care order in all cases where

this is considered in the best interests of the child so to do

Provided further that where it is in the best interests of the

child that the alternative permanency plan has effect immediately

upon the making of the orders mentioned in the preceding proviso,

the recommendation to that effect shall be made by the Director.

(7) Before delivering its final decision, the court shall hear the

views of any person, which it deems relevant, and in particular the

views of the child, if considered to have sufficient understanding.

(8) The key social worker, the parents of the child, or where

applicable, the guardian, may, within seven working days from the

Review Board's decision that no sufficient progress has been made,

which justifies a recommendation to the court for the revocation of an

order, apply to the Court of Magistrates for it to review the decision

of the said Board

Provided that, without prejudice to any other sanction

arising from the provisions of this or any other law, where the

application for such revision is evidently frivolous or vexatious, it

shall be lawful for the Court of Magistrates to condemn the applicant

besides to the payment of costs, to the penalty of not less than two

hundred and fifty euro (€250) but not exceeding two thousand and

five hundred euro (€2,500)

Provided further that where the Court of Magistrates

confirms that no sufficient grounds exist for the revocation of a child

protection order, any subsequent application for a review of the

decision of the Review Board shall only be allowed after the lapse of

twelve months from the day on which such determination is made

Provided further that no application or further applications

shall be entertained by the Court of Magistrates following a decree

that an alternative permanency plan is in the best interests of the

child.

(1) Without prejudice to the provisions of article 23,

where the key social worker, the parents of the child, the alternative

carer or, where applicable, the guardian request a variation of the care

plan, the Board shall determine the necessity or otherwise in doing so.

The Board shall, after hearing all the persons concerned, determine

the manner in which the care plan is to be varied and shall order the

key social worker to make such established variations to the care

plan.

(2) Where the Board determines that a variation to the care

plan is necessary, as mentioned in the preceding sub-article, it shall

submit the reasons for its decision in a report.

(1) For the purposes of article 22(3), the Review Board

shall, by agreement with the key social worker, the parents of the

child, the alternative carer, and where applicable, the guardian, set out

in writing the aims of the reintegration plan and the method by which

the child is to be reintegrated with his family.

(2) Where the Review Board determines that the aims of the

reintegration plan have been fulfilled, it shall make a note to that

effect in the records of the case, and transmit the records to the Court

of Magistrates.

(3) If, upon receipt of the records, the Court of Magistrates is

satisfied that the aims have been fulfilled, it shall revoke the child

protection order, subject to such conditions as it deems appropriate to

impose, but may before proceeding to make such revocation hear any

person or persons as it may consider appropriate in the circumstances

of the case

Provided that the court shall in all cases hear the child if

considered to have sufficient understanding.

PART II

OF ALTERNATIVE CARE

TITLE I

OF THE AGENCY RESPONSIBLE FOR CHILDREN

IN ALTERNATIVE CARE

(1) There shall be established an Agency to promote the

development and well-being of children in alternative care.

(2) Without prejudice to any other function, which may be

assigned to the Agency under this Act or any other law, the Agency

shall perform such functions and carry out such duties as the Minister

shall from time to time by regulations under this article assign to it.

TITLE II

OF THE CARE STANDARDS AUTHORITY

Without prejudice to any functions, duties and Responsibilities

responsibilities specified in the Care Standards Authority Act, or in of

Standards

any other law or regulations, the Authority shall, for the purposes of Authority.

this Act, have the responsibility

(a) to receive and acknowledge applications for a

licence to establish, operate and maintain a child residential care

service;

(b) to grant or refuse an application for a licence, or to

revoke or suspend the licence of a child residential care service

provider;

(c)

to receive, acknowledge, investigate and take any

necessary action in relation to any complaints against the

Agency, or any organisation purporting to act as such, and

against any child residential care service provider;

(d) to impose such conditions for licensing as it may,

from time to time, by means of regulations, determine to be

necessary;

(e)

to take any measures deemed necessary in the

circumstances if a placement, whether local or cross-border, is

in breach of the provisions of this Act;

(f)

to monitor and inspect the support services being

offered by the Agency to the child and the alternative carers;

(g) to inspect those premises where the child is being

accommodated, or any premises where it is proposed to

accommodate such child; and

(h) to monitor and inspect the services being offered by

residential carers to the children in their care.

TITLE III

OF THE FOSTERING BOARD

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

Board, appointed by the Minister, which shall consist of five

members as follows

(a) one person shall be a Chairperson and shall have at

least seven years professional experience of practice in foster

care;

(b) one person who has at least five years of

professional experience in any one of the mental health

professions;

(c)

one person who is, or was, a foster carer for a period

of at least three years; and

(d) two persons who, in the opinion of the Minister,

have adequate knowledge and are proficient in the area of foster

care and that at least one of the persons is a social worker.

(2) The members referred to in the foregoing sub-article 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 period of two years and shall on the expiration of

their term of office be eligible to be re-appointed as members.

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

office by the Minister if, in his opinion, such member is unfit to

continue in office, or has become incapable of, or is not, properly

performing his duties as a member.

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

made thereunder, the Fostering Board shall regulate its own

procedure.

(7) In every case, the number of members needed at a meeting

to form a quorum shall be three. The Chairperson shall have an

original vote and, in the case of equality of votes, a casting vote.

(8) 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. The Secretary to the Board

shall have no vote.

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

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

request by the Minister or the 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.

(10) In the exercise of its functions under this Act, the Fostering

Board may consult with professionals or other persons as it may deem

appropriate. For such purpose, the Fostering Board may invite any

such professional or other person to attend meetings of the Board.

(11) 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.

(12) The acts and documents of the Fostering Board shall not be

open to inspection, nor shall copies thereof be given, except by or to

the Director, by or to the parties concerned or by or to any advocate or

legal procurator authorised by such parties.

(13) The Fostering Board shall submit to the Minister bi-annual

reports of all its activities during the preceding six months by not later

than fifteen days of the following month.

(1)

The functions of the Fostering Board shall include

Functions of the

Fostering

Board.

(a) determining whether a prospective foster carer is

suitable to be a foster carer;

(b) determining whether a foster carer should continue

to act as such;

(c)

specifying the type or types of foster care that each

foster carer may provide;

(d)

keeping an updated register of foster carers;

(e)

providing foster carers with official documentation

that identifies them as such and an official letter identifying the

children in their care;

(f)

reviewing reports compiled by the Agency,

following a complaint against a foster carer, and taking any

action as deemed fit in the circumstances;

(g) 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; and

(h) 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) In making a decision under article 34(1)(a), (b), (c)

and (f), the Fostering Board shall have regard to the Home Study

Reports and Review Reports drawn up and passed to it by a social

worker of the Agency and to any other relevant documentation as the

Board may deem appropriate. The Fostering Board shall also hear the

prospective foster carer, or the foster carer, as the case may be, the

child, if considered to have sufficient understanding, and any such

other person as the Board may deem fit in the circumstances.

(2) Any decision made in terms of sub-article (1), and the

reasons thereof, shall be recorded in writing and shall be

communicated in writing to the prospective foster carer, or the foster

carer, as the case may be, to the Agency and, where applicable, to the

Review Board, the guardian and the child if considered to have

sufficient understanding, by means of registered mail within five

working days from the date of such decision.

(3) The Fostering Board shall decide on an application by not

later than six weeks 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.

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

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

filing an application before the Board of Appeal by not later than

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

registered mail.

TITLE IV

OF FOSTER CARE

(1) Upon receiving an application from a prospective Assessment of

prospective

foster carer the Agency shall

foster carers.

(a)

provide training to the prospective foster carer;

(b) assess the suitability or otherwise of the prospective

foster carer; and

(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.

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

the social worker appointed by the Agency shall carry out the

necessary home visits. The visits shall 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.

(3) Without prejudice to any other provision under this Act or

under any other provision of law, the Home Study Report shall

include the following

(a) a good conduct

certificate

issued

by

the

Commissioner of Police;

(b) a report by a licensed medical practitioner on the

state of health of the prospective foster carer;

(c)

a log of the interventions carried out with the

family;

(d) the frequency of home visits carried out by the

social worker;

(e)

a recommendation by the social worker regarding

the suitability or otherwise of the prospective foster carer and

the reasons thereof; and

(f)

such other information as the Board may reasonably

require.

For the purposes of matching a foster carer with a child,

the Agency shall

(a)

take into account the individual needs of the child;

(b) take into account the abilities and experience of the

foster carer to attend to the particular needs of the child;

(c)

subject to paragraph (a), make all reasonable

attempts to keep siblings in the same foster home;

(d) subject to paragraph (a), make all reasonable

attempts to keep a parent under the age of eighteen years and his

or her child in the same foster home;

(e)

take into account the study report made by the key

social worker;

(f)

take into account the competence of any relatives of

the child to foster such child.

(1) Foster care shall take place subsequent to an

agreement entered into between the Agency and the foster carers.

(2) The child protection order and the care plan, including any

reviews thereof, shall be attached to the agreement and shall be read

and construed as part of such agreement.

(3) The agreement shall be signed by the key social worker

and the foster carers and a copy thereof, together with the relevant

part of this Act, providing for the duties and entitlements of foster

carers and the rights of the child in foster care, shall be furnished to

the foster carers. A copy of the agreement shall also be furnished to

the Review Board and the parents of the child

Provided that a copy of the agreement shall not be

furnished to the parents of the child, unless it is determined that it is

in the best interests of the child to do so.

(4) No amendments to the agreement shall be made unless

approved in writing by the Review Board.

(5) 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.

(6) The agreement may be terminated by the Agency or the

foster carers, as the case may be, for any one of the following reasons

(a) the foster carers do 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; or

(d) where circumstances make it difficult for the foster

carers to continue with the care of the child in their care.

(1) During a foster care placement the Agency shall Monitoring of

designate a social worker to monitor a foster carer registered with it. foster

placement.

(2) The social worker shall draw 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.

(3) 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

cooperate 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.

The duties and entitlements of foster carers listed in the Duties and

entitlements of

foster care agreement shall in all cases include the following

foster carers.

(a) to facilitate contact between the child and his family

and any other person that the Review Board may deem

necessary in the best interests of the child;

(b) to receive any relevant information, including

medical information, about the child being placed in their care

and ensure that any such information is kept confidential;

(c)

to receive such financial assistance as may be

required for the care and upbringing of the child;

(d)

to receive adequate support services;

(e)

to co-operate with all entities and individuals

concerned and to furnish them with such information as they

may reasonably require;

(f)

to ensure that the child attends to any treatment,

which the Review Board may determine is necessary for the

well-being of the child;

(g) to attend together with the child to the reviews

before the Review Board and shall keep such Board updated on

the progress that the child is making and of any other significant

events;

(h) to give the Agency and the Review Board at least

two months’ prior notice of any intended change in their normal

place of residence;

(i)

to apply to the Review Board for permission to

travel with the child in their care;

(j)

to ensure that such child is brought up in an

environment which is conducive to psychological security as

well as to physical well-being;

(k) to provide to the child a balanced diet and maintain

standards of hygiene to the satisfaction of the Care Standards

Authority;

(l)

to respect and facilitate his right to practice the

religion of his choice;

(m) to report all incidents, accidents, abscondments,

incidents of truancy, injury, sickness or death immediately as

they occur to the Agency and the Review Board;

(n)

to participate in on-going training; and

(o) to comply with any other duty as may be imposed on

them under this Act or any other law or regulation.

TITLE V

OF RESIDENTIAL CARE

(1) Where the placement of a child in foster care is not

in the best interest of the child, such child shall be accommodated in a

residential home.

(2) A residential home shall have the responsibility to promote

the development and well-being of the child placed under its care.

Without prejudice to any other duties and responsibilities Duties of

arising from this Act or from any other law or regulation, residential residential

homes.

homes shall be responsible to

(a) ensure that the placement into residential care is

effected in the most desirable manner for the child;

(b) ensure that the child under its care receives all those

rights pertaining to all children in the pursuit of his well-being

and development and in the attainment of his aspirations;

(c)

adequately cater for the needs of the child, including

the provision of food, clothing, medical services, space and

privacy commensurate with the child’s age and stage of

development;

(d)

collaborate with the social worker assigned for the

child;

(e)

report to the key social worker and the Review

Board of all incidents, which may have a bearing on the care

plan of the child;

(f)

develop individual case records, which shall include

periodic reports relating to the development of the child;

(g) facilitate contact between the child and his family

according to the family plan or decision by the Revision Board;

(h) provide residential services according to the

standards, criteria and procedures established by the Care

Standards Authority in regulations to this effect;

(i)

keep a register of children placed under its care;

(j)

provide initial and on-going training to its staff;

(k) notify the Agency of any requests made directly to it

for the placement of a child in its care; and

(l)

develop, maintain, update and execute written

policies, procedures and manuals.

A residential care placement shall only take place Residential care

subsequent to an agreement entered into between the Agency and the placement

agreement.

Head of the residential home.

TITLE VI

OF THE RIGHTS OF THE CHILD IN ALTERNATIVE CARE

(1) A child in relation to whom the provisions of this

Act apply shall be cared for, maintained, instructed and educated

according to the child’s abilities, aspirations and natural inclinations.

The child shall at any time also have access to the social worker who

is taking care of the placement in alternative care.

(2) Without prejudice to the generality of the rights referred to

in sub-article (1), and to any such other right or rights to which the

child may be entitled, the said child shall in particular also have the

following rights

(a) to be consulted in all decisions affecting him in a

manner appropriate to his age and understanding;

(b) to have access to information on the situation of his

family members in the absence of contact with them;

(c)

to maintain personal relations and direct contact

with his parents, and with any such other person close to him,

unless it is contrary to the child’s best interests;

(d) to receive nutrition in accordance with the relevant

dietary standards, as well as with the child’s religious beliefs;

(e)

to receive

appropriate

medical

care

and

psychological support;

(f)

to have access to education;

(g) to have his specific safety, health, nutritional,

developmental and other needs catered for;

(h) to freely decide which religion to pursue and to have

his religious and spiritual needs satisfied accordingly;

(i)

to have his privacy respected; and

(j)

to have a positive, safe and nurturing relationship

with his alternative carers.

(3) The Minister shall from time to time by regulations update

the rights mentioned in this article. The Minister shall also ensure that

a copy of the said rights, and any updated versions thereof, is written

in a language that children understand and that such a copy is

immediately given to the child in relation to whom the provisions of

this Act apply.

PART III

OF APPEALS

TITLE I

OF THE COURT OF APPEAL

(1) Subject to the provisions of this article, any party to Appeals from

the proceedings who feels aggrieved by any decision of the Court of decisions

court.

Magistrates may appeal to the Court of Appeal, in its inferior

jurisdiction.

(2) The appeal shall be brought before the Court of Appeal by

an application to be filed within ten working days from the day on

which the decision was delivered.

(3) The appellant shall indicate in the application of appeal the

parties against whom the appeal is directed. The application shall be

served on all the parties and such parties shall, within the period of

eight working days, file their respective reply containing the reasons

why the appeal should be dismissed.

(4) The Court of Appeal shall appoint a day, not later than

thirty days from the date of service of the application, for hearing the

parties, and final judgment shall be delivered within sixty days from

the appointment of the day for hearing.

(5) The Court of Appeal may confirm or revoke the decision

of the court, and impose such other measures as it may deem fit, and

shall, upon delivering its final judgment, send all proceedings back to

the Court of Magistrates to deal with the case in accordance with

articles 22, 23 or 24, as the case may be.

(6) No further appeals shall lie from any decision made in

accordance with article 23(4).

(7) An appeal made under this article shall not stay the

execution of the decision appealed from.

(8) Save as otherwise provided in this Act, the provisions

contained in the Code of Organization and Civil Procedure Cap. 12.

concerning the Court of Appeal shall be applicable to the Court of

Appeal when hearing appeals from a decision of the Court of

Magistrates

Provided that causes shall always be tried with closed

doors, in which case the order of the Court of Appeal shall be

recorded.

TITLE II

OF THE BOARD OF APPEAL

(1) There shall be a Board of Appeal which shall consist

of three members as follows

(a) one person shall be a Chairperson who shall have a

warrant to practise the profession of advocate in Malta for at

least five years; and

(b) two persons who shall have at least five years of

professional experience in child welfare.

(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 34(1)(a), (b), (c) and (f);

(b) review decisions of the Care Standards Authority

refusing, revoking or suspending registration; and

(c)

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, Cap. 12.

First Hall.

(4) Without prejudice to sub-article (3), 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 six weeks 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 Care

Standards Authority shall have immediate effect unless the Board of

Appeal decides to suspend it until it has given the final judgment.

(7) The decision, and the reasons thereof, of the Board of

Appeal shall be recorded in writing and shall be communicated in

writing to the applicants, the Fostering Board and the Care Standards

Authority by means of registered mail within five 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), 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 Cap. 12.

be filed by not later than fifteen working days from the date of the

decision of the Board of Appeal.

PART IV

OF CHILD SOCIAL WORK

(1) Where the court makes in respect of a child any of Key social

the orders mentioned in articles 18 and 19 it shall notify the Agency worker.

of such order and the Agency shall appoint a key social worker.

(2) Without prejudice to any other duties arising under this

Act, or any other law or regulations, the duties of the key social

worker shall include

(a) to maintain with the child an interpersonal

relationship;

(b)

to visit the child at regular intervals;

(c)

to monitor the child's placement and assess his well-

being;

(d)

to co-ordinate and follow up progress of the care

plan;

(e)

to keep detailed records on each looked after child;

(f)

to participate in any review of the child’s case and

report to the Review Board as to the well-being of the child;

(g) to appear before, and report and make

recommendations to, the Review Board on matters relating to

the child including the possibility of reintegrating the child with

his family or, otherwise, on the suitability of the form of

alternative care selected for the child and on the development

and implementation of the care plan;

(h) to report to the Director, and to such other

competent authorities, cases of alleged abuse, if any, in relation

to the child and any other serious incidents relating to his well-

being; and

(i)

to fulfil the conditions of the care plan concerning

the provision of support services to the child, or of any other

service as set out in the care plan.

(1) Where the parents of a child make arrangements to

place such child in the care and custody of another person or entity,

such other person or entity shall give notice of the arrangements to

the Agency.

(2) Upon notification in terms of sub-article (1) the Agency

shall appoint a social worker to visit and examine the premises in

which the child is about to be kept and to determine whether the

person or entity that is about to receive such child is fit to have his

care. For this purpose, the social worker shall draw up a report and

shall thereupon give notice of the arrangements, together with the

report, to the Review Board.

(3) Where the Review Board is satisfied that the person or

entity that is about to receive the child is fit to have his care and that

the premises in which such child is about to be kept are adequate for

his needs, the board shall direct the social worker to prepare a care

plan and the provisions of article 12(1), (2) and (5) shall mutatis

mutandis apply.

(4) The care plan shall in all cases be prepared with the

participation of the child, if considered as having sufficient

understanding, and with the participation of any such other person or

entity as the Agency may deem appropriate in the circumstances of

the case.

(5) The Review Board shall review the said care plan at least

once every six months. The Board shall hear at regular intervals all

professionals involved, the child, if considered as having sufficient

understanding, the parents of such child, the person or entity that has

received the child in its care, and any such other person as it may

deem appropriate to hear in the circumstances of the case.

(6) The social worker shall, in relation to the child, be subject

to the same duties as provided in article 48(2).

PART V

OF OFFENCES

(1) Any unauthorised person or any unauthorised Arrangements

organisation that makes an arrangement for the placement of a child for foster care.

in foster care 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 three years or to a fine (multa) of not less than two

thousand euro (€2,000) but not more than five thousand euro

(€5,000), or to both such fine and imprisonment.

(2) For the purposes of sub-article (1), a person or organisation

shall be deemed to make arrangements for the placement of a child in

foster care if it enters into any agreement or makes any arrangements

for facilitating the fostering of a child.

Any person or organisation that establishes, operates or Unauthorised

maintains a residential home, or provides, directly or indirectly, provision

residential care.

residential care without the written approval of the Care Standards

Authority shall be guilty of an offence and shall on conviction be

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

not exceeding four years or to a fine (multa) of not less than five

thousand euro (€5,000) but not more than ten thousand euro

(€10,000), or to both such fine and imprisonment.

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

to make or give, or receives or agrees to receive, or attempts to obtain payment.

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 one thousand and two hundred euro (€1,200)

but not more than two thousand and five hundred euro (€2,500), 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 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 alternative care;

(b) a person intends to care for a child placed in

alternative care; or

(c)

a person intends to make arrangements for the

placement of a child in alternative care.

(2) Without prejudice to any regulations made under this Act,

a person shall not 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 an alternative carer where the history of

the child who is or will be placed in alternative care can lead to

the child’s history to be revealed;

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

alternative care;

(c)

the name of a parent, curator or tutor of the child

who is or will be placed in alternative care; or

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

mentioned in paragraphs (a), (b) and (c) 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 one thousand and two hundred euro

(€1,200) but not more than two thousand and five hundred euro

(€2,500), 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 Use of force.

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 one thousand and two hundred euro (€1,200) but not more than

two thousand and five hundred euro (€2,500), or to both such fine and

imprisonment, if such person

(a) threatens or forces any authorised or approved

alternative care provider to give up a child placed in their care;

(b) takes the child away from any authorised or

approved alternative care provider without the approval in

writing of the board, or the court, or the agency or any other

relevant authority, as the case may be;

(c)

threatens or forces any authorised or approved

alternative care provider to give up to any order issued by any

court of law or issued by virtue of this Act;

(d) threatens or forces any authorised or approved

alternative care provider to act in breach of the provisions of

this Act;

(e)

threatens or causes any type of damage to any

authorised or approved alternative care provider; or

(f)

forces entry into the premises of any authorised or

approved alternative care provider.

Any person who in any way hinders or obstructs any of the Hindrance.

boards, authorities, agencies or other entities established or licensed

under this Act 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 one thousand and five hundred euro

(€1,500) but not more than two thousand and five hundred euro

(€2,500), or to both such fine and imprisonment.

(1) If any child, in relation to whom any child Abscondment.

protection order is made, absconds from the premises at which he is

required to live, or is absent from such premises at a time when he is

not permitted to be so absent, he may be apprehended without warrant

by any member of the Police and taken back to such premises.

(2) Any person who knowingly compels, incites or assists or

in any way aids or abets any such child to abscond or to become or

continue to be absent as mentioned in sub-article (1) shall be guilty of

an offence and shall be liable, on conviction, 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 one thousand and five hundred euro

(€1,500) but not more than two thousand and five hundred euro

(€2,500), 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 two hundred and fifty euro (€250) but not

more than two thousand and five hundred euro (€2,500).

PART VI

OF REGULATIONS

The Minister may make regulations

(a) for the protection, supervision and control of

children placed in alternative care;

(b) for the registration, monitoring and control of

alternative care services and for the refusal or revocation of

such accreditation;

(c)

for the agreement for the placement of a child in

alternative care;

(d) to provide for any rights and duties pertaining to

alternative carers;

(e)

to provide for the rights of children;

(f)

to establish the services which a residential home is

required to provide;

(g)

to regulate the different types of alternative care;

(h)

to establish penalties for breach of the provisions of

this Act;

(i)

to establish the procedure to be followed by the

boards established under this Act and to lay down the rules on

their powers;

(j)

to establish the conduct of affairs of the Agency

responsible for the development and well-being of children;

(k)

to provide for any after-care services;

(l)

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 VII

FINANCIAL PROVISIONS

(1) The expenses required by the Director and the Expenses to be a

Agency to exercise their respective functions under this Act and other charge

Consolidated

laws, as may be fixed by the Minister in accordance with this Act, Fund.

shall be a charge on the Consolidated Fund without the need of any

further appropriation other than this Act.

(2) Where during the course of any financial year the sum

fixed by the House of Representatives is, in the opinion of the said

entities, insufficient to enable them to efficiently fulfil their functions,

such entities shall each prepare supplementary estimates for

consideration by the House of Representatives.

(3) The said entities shall cause to be prepared in every

financial year, and shall not later than six weeks after the end of each

such year adopt, estimates of the income and expenditure of such

entities for the next following financial year

Provided that the estimates for the first financial year of

the said entities shall be prepared and adopted within such time as the

Minister may by notice in writing to such entities specify.

(4) A copy of the estimates shall, upon their adoption by the

respective entities, be sent forthwith by them to the Minister and to

the Minister responsible for Finance.

(5) The Minister shall at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

entities, approve the same with or without amendment after

consultation with the Minister responsible for Finance.

(1)

The Director and the Agency shall respectively Accounts and

audit.

cause to be kept proper accounts and other records in respect of their

operations under this Act and other laws and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the said entities shall be audited by an

auditor or auditors to be appointed by them respectively and approved

by the Minister

Provided that the Minister responsible for Finance may,

after consultation with the Minister, require the books or the accounts

of the said entities to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other certifications as he may deem necessary.

(3) After the end of each financial year, and not later than the

date on which the estimates of the entities are forwarded to the

Minister under article 59(3), the entities shall respectively cause a

copy of the statement of account duly audited to be transmitted to the

Minister and to the Minister responsible for Finance together with a

copy of any report made by the auditors on that statement or on the

accounts of such entities.

(4) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such statement

and report, or if at any time during that period the House of

Representatives is not in session, within eight weeks from the

beginning of the next following session, cause every such statement

and report to be laid on the Table of the House of Representatives.

(5) The said entities shall, not later than six weeks after the

end of each financial year, make and transmit to the Minister and to

the Minister responsible for Finance a report dealing generally with

their activities during the financial year, which report shall contain

such information relating to the proceedings and policy of such

entities as either of the said Ministers may from time to time require.

The Minister shall, at the earliest opportunity and not later than eight

weeks after he has received a copy of every such report, or if at any

time during that period the House of Representatives is not in session,

within eight weeks from the beginning of the next following session,

cause a copy of every such report to be laid on the Table of the House

of Representatives.

PART VIII

TRANSITORY PROVISIONS

(1) If, prior to the date of entry into force of this Act,

any report has been lodged with the Government agency currently

designated by the Minister to protect the welfare of children, such

agency shall conclude any pending investigation within the term of

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

(2) The said term may, on the demand of such agency, be

extended by the Director for an additional term of three months, and

where the matter is such that the determination of the true nature of

the case depends upon the lapse of a longer period of time, to such

longer period.

(3) The demand referred to in sub-article (2) shall be made in

writing and the agency shall state the reasons for which it is making

such demand. The Director shall accede to the said demand if in the

particular circumstances of the case he sees it fit to do so.

(1) The Magistrate who, in accordance with this Act and Proceedings

in accordance with the Magistrates (Assignment of Duties) pending

Juvenile Court.

Regulations, is to take cognizance of any act or application, shall, on S.L. 12.08

the coming into force of this Act, take cognizance of those acts or

applications that immediately before the coming into force of this Act

were pending before the Juvenile Court in accordance with article

4(3) of the Children and Young Persons (Care Orders) Act, and the Cap. 285.

procedure to be followed in respect of each act or application shall be

that which is stipulated under this Act.

(2) Nothing in sub-article (1) shall invalidate any procedure

whether written or oral, which may have been made before the

coming into force of this Act and which was valid according to the

law in force on the date when made.

All applications for review filed in the Juvenile Court in Appeals.

accordance with article 4(5) of the Children and Young Persons (Care Cap. 285.

Orders) Act before the coming into force of this Act shall continue to

be heard by the said Court until they are so determined

Provided that an appeal under article 45, from a decision of

the Juvenile Court made under article 4(5) of the Children and Young Cap. 285.

Persons (Care Orders) Act, shall lie to the Court of Appeal upon the

lapse of eighteen months from the date on which the Juvenile Court

delivers its judgment.

All cases pending before the Children and Young Persons Reviews

Advisory Board under the provisions of the Children and Young pending

the Children and

Persons (Care Orders) Act before the coming into force of this Act, Young

Advisory Board.

shall be heard by the Child Care Review Board upon the coming into Cap. 285.

force of this Act.

The Children and Young Persons (Care Orders) Act, the

Foster Care Act and the Placing of Minor Regulations are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.

Passed by the House of Representatives at Sitting No.466 of the

9th January, 2017.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€4.86