ACT No. II of 2019 AN ACT to amend various social welfare laws and to establish and designate the appointment of the Director responsible for Social Welfare and to make ancillary and consequential provisions thereto.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

15th February, 2019

ACT No. II of 2019

AN ACT to amend various social welfare laws and to establish and

designate the appointment of the Director responsible for Social

Welfare and to make ancillary and consequential provisions thereto.

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:-

The short title of this Act is the Various Social Welfare Laws Short title.

(Amendment) Act, 2019.

In this Act, unless the context otherwise requires

Interpretation.

"Chief Executive Officer" shall have the same meaning as

assigned to it in the Social Care Standards Authority Act.

PART I

AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS

(CARE ORDERS) ACT

This Part amends the Children and Young Persons (Care

Orders) Act and shall be read and construed as one with the Children

and Young Persons (Care Orders) Act, hereinafter in this Part referred

to as "the principal Act".

Article 4 of the principal Act shall be substituted by the

following

"4. (1) If, on representations made to him in writing by

the Chief Executive Officer of the Social Care Standards

Authority and after giving the parents and the guardian, if any, of

the child or young person an opportunity to express their views,

and after hearing any other person he may deem likely to assist

him, the Minister is satisfied that that child or young person is in

need of care, protection or control, it shall be the duty of the

Minister by an order in writing under his hand to take such child

or young person into his care.

(2) A copy of any order made by the Minister under sub-

article (1) shall forthwith be sent by registered letter to the

person exercising paternal authority over the child or young

person, or to his guardian, if any, who shall be asked to state to

the Chief Executive Officer of the Social Care Standards

Authority within twenty-one days from the date of receipt of the

said letter, whether he objects to the said order.

(3) If the person to whom the registered letter is sent

under sub-article (2) shall, within the time therein prescribed,

signify, even verbally, his objection to the order, the Chief

Executive Officer of the Social Care Standards Authority shall,

not later than seven days from the date on which he shall have

become aware of the objection, refer the case to the Juvenile

Court in such manner as shall be prescribed by regulations made

under article 13.

(4) Where a case is referred to the Juvenile Court under

sub-article (3), the said court shall, in such manner and within

such time as shall be prescribed by regulations made under

article 13, review the whole case and decide whether the child or

young person is in need of care, protection or control and shall

accordingly confirm or revoke the order made under sub-article

(1).

(5)

If the Juvenile Court confirms the order made under

sub-article (1), the person referred to in the said sub-article may,

after four months following such confirmation, request the

Juvenile Court to review the order. Such a request shall be made

by means of a registered letter to the Chief Executive Officer of

the Social Care Standards Authority. The Chief Executive

Officer of the Social Care Standards Authority shall, not later

than seven days from the date of the receipt of such letter, refer

the case to the Juvenile Court in the same manner as prescribed

by the regulations made under article 13, so however that the

said Court shall give its decision about the said reference within

twenty-one days from when it is made to it.

(6) An order made under sub-article (1) shall, unless it

has ceased to have effect earlier, cease to have effect on the date

on which the child or young person in respect of whom the order

is made attains the age of eighteen years.".

PART II

AMENDMENTS TO THE ADOPTION REGULATIONS

This Part amends the Adoption Regulations and shall be read Amendment to

and construed as one with the Adoption Regulations, hereinafter in this the

Regulations.

Part referred to as "the principal regulations".

Sub-paragraph (a) of regulation 2 of the principal regulations Amendment of

regulation 2 of

shall be substituted by the following

the principal

regulations.

"(a) for the purposes of article 116(2), the prescribed

authority therein referred to shall be the Chief Executive Officer

of the Social Care Standards Authority. The Chief Executive

Officer shall in turn submit a social report to the court in the

interest of the person to be adopted, and the court shall decide on

the application for an adoption after it has taken cognizance of

the report;".

PART III

AMENDMENTS TO THE OVERSEAS ADOPTION

(DEFINITION) ORDER

This Part amends the Overseas Adoption (Definition) Order Amendment to

and shall be read and construed as one with the Overseas Adoption the

Adoption

(Definition) Order, hereinafter in this Part referred to as "the principal (Definition)

Order.

Order".

Article 4 of the principal Order shall be substituted by the Substitution of

article 4 of the

following

principal Order.

"4.

The Social Care Standards Authority is hereby

designated as the Central Authority to discharge the duties which

are imposed by the Convention upon such Authorities.".

PART IV

AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS

(CARE ORDERS) REGULATIONS

This Part amends the Children and Young Persons (Care

Orders) Regulations and shall be read and construed as one with the

Children and Young Persons (Care Orders) Regulations, hereinafter in

this Part referred to as "the principal regulations".

The definition "the Director" in regulation 2 of the principal

regulations shall be substituted by the following

""The Chief Executive Officer" means the Chief Executive

Officer of the Social Care Standards Authority or any person so

delegated by him for the purpose;".

Regulation 4 of the principal regulations shall be amended as

(a) sub-regulation (1) thereof shall be substituted by the

following

"(1) When the Chief Executive Officer becomes aware of

any objection by the person exercising parental authority

over, or the guardian of, a child or young person, to a care

order made by the Minister under article 4(1) of the Act, he

shall, as soon as may be but in any case not later than seven

days from the date on which he shall have become aware as

aforesaid, refer the case to the Juvenile Court by means of a

written communication addressed to the Registrar of Courts

or to the person performing the functions of registrar as

may be assigned for the purpose in accordance with the

provisions of article 369 of the Criminal Code.";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) sub-paragraph (c) thereof shall be substituted

by the following

"(c) a copy of the written representations

made by the Chief Executive Officer to the Minister

under article 4(1) of the Act;";

(ii)

sub-paragraph (e) thereof shall be substituted

by the following

"(e) a list of persons (with their addresses)

who in the opinion of the Chief Executive Officer

could be of assistance to the Juvenile Court in

reviewing the case.".

Sub-regulation (2) of regulation 5 of the principal regulations Amendment of

regulation 5 of

shall be substituted by the following

the principal

regulations.

"(2) The Juvenile Court shall hold a sitting to review a

case as soon as may be, but in any case not later than seven days

from the date on which the Registrar of the Court shall have

received from the Chief Executive Officer the written

communication referred to in regulation 4

Provided that prior to the sitting, the Registrar of

Court shall notify the parties of the date, hour and location of the

hearing.".

Sub-regulation (1) of regulation 9 of the principal regulations Amendment of

regulation 9 of

shall be substituted by the following

the principal

regulations.

"(1) The Board shall meet as and when necessary but

shall meet with urgency at the request of the Minister or of the

Chief Executive Officer and conveyed to it through the Secretary

of the Board.".

Sub-regulation (1) of regulation 10 of the principal Amendment of

regulation 10 of

regulations shall be substituted by the following

the principal

regulations.

"(1) It shall be the duty of any person or persons

responsible for the home, hostel or institution with whom or in

which a child or young person has been boarded out or

accommodated in accordance with the provisions of article 10(1)

of the Act to ensure that such child or young person is treated

and brought up in an environment which is normally to be found

in a good Maltese family and which is conducive to

psychological security as well as to physical well-being, so as to

promote normal and healthy development. In particular, such

person or persons shall provide a balanced and nourishing diet

and maintain normally acceptable standards of hygiene to the

satisfaction of the Chief Executive Officer; and shall further

ensure that, without prejudice to anything contained in any other

law, the child or young person attends regular religious services

and receive religious instruction.".

Sub-regulation (1) of regulation 11 of the principal

regulations shall be substituted by the following

"(1) The Chief Executive Officer shall

(a) have the duty to inspect any premises in which

a child or young person is accommodated or boarded out to

ensure that the provisions of regulation 10 are being

complied with;

(b) have the right to visit and interview children or

young persons at the place where they are

accommodated.".

The words "In your capacity as father/mother/guardian of the

said ................. if you object to this care order you have a right to

signify your objection to the Director responsible for social welfare by

not later than (21) twenty-one days from the day of the receipt of this

order." in Part 1 of the Schedule to the principal regulations shall be

substituted by the words "In your capacity as father/mother/guardian

of the said .................if you object to this care order you have a right to

signify your objection to the Chief Executive Officer of the Social

Care Standards Authority by not later than twenty-one (21) days from

the day of the receipt of this order.".

PART V

AMENDMENTS TO THE AGENCY ACCREDITATION

REGULATIONS

This Part amends the Agency Accreditation Regulations and

shall be read and construed as one with the Agency Accreditation

Regulations, hereinafter in this Part referred to as "the principal

regulations".

The words "Department for Social Welfare Standards,

Ministry for Justice, Dialogue and Family, Bugeia Institute, 469, St.

Joseph High Road, St. Venera, SVR 1012, Malta Tel: (356) 22788000,

Fax: (356) 22788260 Website: www.welfarestandards.gov.mt and E-

mail:welfare.standards@gov.mt" in the Application for Accreditation

of an Adoption Agency found in the Schedule to the principal

regulations shall be substituted by the words "Social Care Standards

Authority, Ministry for the Family, Children’s Rights and Social

Solidarity, Bugeja Institute, 469, St. Joseph High Road, St. Venera,

SVR 1012, Malta, Tel: (356) 25494300, Website: www.scsa.gov.mt

and E-mail: info.scsa@gov.mt.".

PART VI

AMENDMENTS TO THE CHILD ABDUCTION

AND CUSTODY ACT

This Part amends the Child Abduction and Custody Act and Amendments to

shall be read and construed as one with the Child Abduction and the

Abduction and

Custody Act, hereinafter in this Part referred to as "the principal Act".

Custody Act.

Article 5 of the principal Act shall be substituted by the Substitution of

article 5 of the

following

principal Act.

"5. The functions under the Convention of a central

authority shall be discharged by the Chief Executive Officer of the

Social Care Standards Authority and any application made under

the Convention by or on behalf of a person outside Malta may be

addressed to the office of the Chief Executive Officer of the Social

Care Standards Authority.".

Sub-article (2) of article 6 of the principal Act shall be Amendment of

article 6 of the

substituted by the following

principal Act.

"(2) Whenever any person interested or the Chief

Executive Officer of the Social Care Standards Authority alleges

that a child has been wrongfully removed within the meaning of

Article 3 of the Convention, he may, without prejudice to any

other action with respect to the same matter that is lawfully

available, make an application under sub-article (1) for redress.".

Article 8 of the principal Act shall be substituted by the Substitution of

article 8 of the

following

principal Act.

"8. Where the Chief Executive Officer of the Social Care

Standards Authority is requested to provide information relating

to a child under Article 7(d) of the Convention he may

(a) request any person to make a report to him in

writing with respect to any matter which appears to him to

be relevant;

(b) request any court to which a written report

relating to the child has been made to send him a copy of the

report,

and such a request shall be duly complied with.".

Article 16 of the principal Act shall be substituted by the Substitution of

article 16 of the

following

principal Act.

"16. (1)

The functions under the Convention of a central

authority shall be discharged by the Chief Executive Officer of

the Social Care Standards Authority.

(2) Any application made under the Convention by or on

behalf of a person outside Malta may be addressed to the Chief

Executive Officer of the Social Care Standards Authority.".

Article 23 of the principal Act shall be substituted by the

following

"23. Where the Chief Executive Officer of the Social Care

Standards Authority is requested to make enquiries about a child

under Article 15(1)(b) of the Convention he may

(a) request any person to make a report to him in

writing with respect to any matter relating to the child

concerned which appears to him to be relevant;

(b) request any court to which a written report

relating to the child has been made to send him a copy of

the report,

and any such request shall be duly complied with.".

Sub-article (1) of article 25 of the principal Act shall be

substituted by the following

"25. (1) Where a person on whom any rights are

conferred by a decision relating to custody made by a court in

Malta makes an application to the Chief Executive Officer of the

Social Care Standards Authority under Article 4 of the Convention

with a view to securing its recognition or enforcement in another

Contracting State, the said Chief Executive Officer of the Social

Care Standards Authority may require the court which made the

decision to furnish him with all or any of the documents referred to

in Article 13(1)(b), (c) and (d) of the Convention.".

Article 28 of the principal Act shall be substituted by the

following

"28. Expenses incurred by the Chief Executive Officer of

the Social Care Standards Authority for the purposes of this Act

shall be paid out of money provided by the House of

Representatives for that purpose.".

PART VII

AMENDMENTS TO THE PROTECTION OF CHILDREN

(HAGUE CONVENTION) ACT

This Part amends the Protection of Children (Hague Amendment to

Convention) Act and shall be read and construed as one with the the

Children (Hague

Protection of Children (Hague Convention) Act, hereinafter in this Part Convention)

Act.

referred to as "the principal Act".

Article 6 of the principal Act shall be substituted by the Substitution of

article 6 of the

following

principal Act.

"6. The functions under the Convention of a central

authority shall be discharged by the Chief Executive Officer of the

Social Care Standards Authority.".

PART VIII

AMENDMENTS TO THE SOCIAL CARE

STANDARDS AUTHORITY ACT

This Part amends the Social Care Standards Authority Act and Amendment to

shall be read and construed as one with the Social Care Standards the

Standards

Authority Act, hereinafter in this Part referred to as "the principal Act". Authority

Sub-article (1) of article 30 of the principal Act shall be Amendment of

article 30 of the

substituted by the following

principal Act.

"30. (1) All licensing powers and all other duties and

functions of the Department for Social Welfare Standards and of

the Director responsible for Welfare shall, upon the coming into

force of this Act, be vested in the Authority and the Chief

Executive Officer of the Social Care Standards Authority

respectively, established under this Act

Provided that any decision or licence granted by the

Department for Social Welfare Standards before the coming into

force of this Act shall continue to have effect as though the

decision or licence had been given or granted under the relative

provisions of this Act subject to the satisfaction of all conditions

stipulated in this Act.".

PART IX

AMENDMENTS TO THE INTERNATIONAL MAINTENANCE

OBLIGATIONS ORDER

This Part amends the International Maintenance Obligations

Order and shall be read and construed as one with the International

Maintenance Obligations Order, hereinafter in this Part referred to as

"the principal Order".

Article 4 of the principal Order shall be substituted by the

following

"4. The functions under the EC Regulation shall be

discharged by the Chief Executive Officer of the Social Care

Standards Authority as the central authority and shall receive and

transmit an application for a declaration of the executive

enforceability of law under Article 27 of the EC Regulation.".

Passed by the House of Representatives at Sitting No. 196 of the

12th February, 2019.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.08