ACT No. XXIII of 2019 AN ACT to substitute the Child Protection (Alternative Care) Act, Cap. 569, to provide for protection orders for minors, for alternative care and for suitable protection for those minors deprived of parental care or in the risk of being so deprived, and for matters that are ancillary or (protezzjoniminuri)

I assent.

(L.S.)

GEORGE VELLA

President

16th July, 2019

ACT No. XXIII of 2019

AN ACT to substitute the Child Protection (Alternative Care) Act,

Cap. 569, to provide for protection orders for minors, for alternative care

and for suitable protection for those minors deprived of parental care or

in the risk of being so deprived, and for matters that are ancillary or

incidental thereto or connected therewith.

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 Minor Protection

(Alternative Care) Act, 2019.

(2) The scope of this Act is to safeguard, protect and give priority to

the best interest of minors and to ensure, in the least possible time, the

permanence of the care given to minors.

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

the Minister for the Family, Children’s Rights 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.

In this Act, unless the context otherwise requires

"accredited agency" means any agency, as accredited by

the Central Authority in accordance with this Act and so

accredited for the organisation of training and for the

certification of persons deemed adequate to act as foster carers;

"Agency" means the national agency which is amongst

other things responsible for the well-being of minors, also known

as Aġenzija Appoġġ;

"alternative care" means the placement of a minor under

the care of a person or entity, not being a parent of the minor, as

ordered by the Court or as a result of an administrative decision,

and the expression "alternative carer" shall be construed in like

manner;

"alternative permanency plan" means a concrete, timely

and systematic plan for any minor living in alternative care and,

or is protected by a care order, with the aim of promoting

stability and continuity in the care and alternative care of the

minor;

"Board of Appeal" means the Board of Appeal established

under article 64;

"care and protection" means such care and protection

which is reasonably expected from a parent towards his minor

for the purpose of promoting the full potential of that minor,

while taking into consideration the capabilities, natural

inclinations and the aspirations of that minor;

"care order" means an order issued in accordance with

article 19(1)(a);

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

article 13 to promote the development and well-being of the

minor;

"Central Authority" means that entity which on the day of

coming into force of this Act was responsible for fulfilling the

functions mentioned in article 41;

"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, who shall exercise S.L. 12.20.

the functions given to him in accordance with article 25;

"concurrent plan" means an alternative care plan which

includes the care plan drawn up according to article 13 and an

alternative permanency plan drawn up according to article 23,

which shall have the aim of promoting the development and

well-being of the minor as well as determining the parameters

for and the time in which a care plan is changed into an

alternative permanency plan;

"Court" means the Juvenile Court established under the

Juvenile Court Act;

"cross-border foster care" means

(a)

the care provided by a foster carer who is a

Maltese citizen, to a minor 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 minor who is resident in Malta;

"emergency order" means an order issued in accordance

with article 20;

"foster care" means the placement of a minor under the

care of a person, not being a parent of the minor, and which is

chosen, qualified, approved and supervised to provide care for a

period and in accordance with a care plan;

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

Fostering Board to foster a minor;

"foster care agreement" means the agreement reached in

accordance with article 51;

"Fostering Board" means the board established by article

38;

"key social worker" means the social worker appointed by

the Agency to follow the development and well-being of a minor

in alternative care and to co-ordinate and follow up the progress

of a care plan in relation to that minor;

"Minister" means the Minister responsible for the rights of

minors;

"minor" means a child under eighteen years of age;

"parent" means the biological mother or the father of the

minor or any other person who, by an express provision of the

law, has parental responsibility for such minor;

"permanency which is relational, physical and legal"

includes that the minor feels loved, protected, safe and supported

by the persons with whom he lives, that there be stability in the

physical surroundings in which he lives and in his connections

with the community, as well as those legal arrangements related

to his permanency and especially those relating to his care and

custody;

"protection order" means one or more orders issued in

accordance with article 19;

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

same meaning given to it by article 2 of the Social Work

Profession Act;

"removal order" means an order issued in accordance with

article 19(1)(d);

"Review Board " means the Minors Care Review Board,

established in accordance with article 31;

"Social Care Standards Authority" means the authority

established by the Social Care Standards Authority Act;

"social contract" means the written agreement reached in

accordance with article 12, between the Director or any other

entity which the Minister may order by notice in the Gazette, and

the parents of a minor or any other person interested in the well-

being of the minor;

"supervision order" means an order issued in accordance

with article 19(1)(b);

"Therapeutic and Secure Centre" means the centre

established in accordance with article 26;

"treatment order" means an order issued in accordance

with article 19(1)(c);

"unaccompanied minor" means a minor who arrives in

Malta unaccompanied by an adult who by law or custom is

responsible for him, and for as long as the minor is not

effectively taken into the care of such an adult and includes any

minor who is left unaccompanied after he has entered Malta.

By virtue of this article, whenever according to this Act it is to Minor to be held

be determined whether a minor has sufficient understanding or not, or as

sufficient

whenever in a procedure according to this Act anyone is to consider and understanding

unless the

determine whether such sufficient understanding is present or is not, and contrary

notwithstanding any wording used for such a discretionary exercise, becomes

evident.

those determining whether there is or there is not said sufficient

understanding shall presume that the minor has such a sufficient

understanding unless the contrary becomes evident.

PART I

OF THE PROTECTION OF MINORS

TITLE I

Sub-title I

OF THE DIRECTOR RESPONSIBLE FOR

THE PROTECTION OF MINORS

(1) There shall be a Director responsible for protecting Director

minors at risk, who shall be known as Director (Protection of Minors) responsible

the protection of

and who shall be appointed following a public call from amongst persons minors.

having at least five years experience in services related to minors and

competence in management.

(2) The Director (Protection of Minors) shall be an officer of the

Foundation for Social Welfare Services and shall exercise his functions

through it

Provided that the Director (Protection of Minors) shall at all

times act in an impartial manner in the exercise of his functions.

(3) There shall also be other officers of the Director (Protection of

Minors) who shall exercise and perform all such powers, functions and

responsibilities as may be delegated or assigned to them by the Director

(Protection of Minors).

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

responsibilities delegated or assigned to them as aforesaid, the officers of

the Director (Protection of Minors) shall, save as otherwise apparent,

have the same powers, functions and responsibilities as are by law

imposed on or given to the Director (Protection of Minors).

(5) In the exercise and performance of their powers, functions and

responsibilities, the Director (Protection of Minors) and the officers

referred to in sub-article (3) may request the assistance of the Executive

Police in accordance with the Police Act, whenever they deem it

required.

(6) When the circumstances of a specific case require it, all powers

given to the Director (Protection of Minors) under this Act may be

exercised by the Chief Executive Officer of the Foundation for Social

Welfare Services and the Chief Executive Officer may also limit the

exercise of those powers by the Director (Protection of Minors) and by

officers delegated according to sub-article (3).

(1) Without prejudice to the functions as may be given to him

by this Act, or by another law, the function of the Director (Protection of

Minors) is that of ex officio investigating any harm or risk thereof in

relation to a minor, on which he holds a reasonable suspicion or on which

he was informed, and of taking any action as may be deemed appropriate

for the protection of the minor

Provided that the Director (Protection of Minors) may intervene

according to this article and this Act after having received a report from a

medical professional that a pregnant woman has a dependency on an

illicit drug or has another type of dependency which in the opinion of

said medical professional causes serious prejudice to the health of that

woman.

(2) In the exercise of his functions, the Director (Protection of

Minors) shall

(a) act in the best interests of the minor at risk, even if such

minor is not a citizen of Malta;

(b)

ascertain the views and wishes of the minor at risk;

(c) collaborate with all those involved in the protection of

the minor at risk;

(d) investigate whether any action taken in relation to the

minor at risk is appropriate;

(e) provide guidance to the parents and family of the minor

at risk; and

(f) from time to time issue guidelines as to what may be

deemed as significant harm or a risk of significant harm.

(1) The Director (Protection of Minors) shall hold regular Liaison with the

meetings at suitable intervals with representatives of the Education Education

Department and

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

other person or entity which the Director (Protection of Minors) deems as

having responsibility for the protection of minors, or of a minor in

particular, for the purpose of discussing any matter which falls within

such responsibility and to set policies and protocols which are to be

adopted, as well as serving as a committee for joint investigations

amongst all entities having responsibility for the protection of minors or

of a minor in particular.

(2) Minutes of the meetings mentioned in sub-article (1) shall be

kept and the progress made between one meeting and another shall be

monitored by the Director (Protection of Minors).

(3) Where a meeting is held to discuss the case of a particular minor

the Director (Protection of Minors) may require any person or entity

attending the meeting to report on the progress of the minor and a copy of

such report shall be attached to the records held by the Director

(Protection of Minors) in relation to that minor.

(4) Every person or entity attending a meeting shall be bound by

confidentiality and may not disclose to third parties any information or

provide documents or extracts thereof which may have come to their

knowledge or in their possession during such meeting or as a result

thereof

Provided that such disclosure or provision may be made

following an authorisation, request or order by a court.

(5) The heads of department or entities mentioned or identified by

the Director (Protection of Minors) according to sub-article (1) shall

ensure that they appoint a representative to attend each and every

meeting of the committee for joint investigations.

(6) The committee for joint investigations shall regulate its own

proceedings.

(7)

From time to time the Minister responsible for the well-being of

minors shall launch a national strategy on the protection and rights of

children together with the Director (Protection of Minors) and those

entities or departments having responsibility for the protection,

safeguarding and care of minors.

The performance of the functions of the Director (Protection of

Minors), inclusive of anything that may be required for their execution

and for administrative control, shall be the responsibility of the Director

(Protection of Minors).

The legal and judicial representation of the office of the Director

(Protection of Minors) shall vest in the Director (Protection of Minors)

Provided that the Director (Protection of Minors) may delegate

the exercise of said representation to other officers.

Sub-Title II

OF THE PROTECTION OF MINORS

(1) Any person who has reason to believe that a minor is

suffering, or is at risk of suffering, significant harm, may report the

circumstances according to which it holds such reason to the Director

(Protection of Minors) or the Executive Police

Provided that any reports received by the Executive Police shall

be forwarded to the Director (Protection of Minors) without delay.

(2) Without prejudice to any other provision of any law and to his

professional obligations which hold true notwithstanding this article, any

professional who has knowledge of an act which constitutes a criminal

offence causing significant harm as defined in sub-article (4) on a minor,

shall immediately report to the Director (Protection of Minors) or the

Executive Police and no such reporting made in bona fide may constitute

a criminal offence or give rise to any right of action under any law

whatsoever

Provided that if a report is made to an entity or institution other

than the Director (Protection of Minors) or the Executive Police, such

entity or institution shall register such report in writing and shall, without

delay, and in any case not later than twenty-four hours from the receipt of

the report, refer the report to the Director (Protection of Minors) or the

Executive Police.

(3) Any professional who omits to submit a report as mentioned in

sub-article (2) shall be guilty of an offence and upon being found guilty

shall be subject to imprisonment for a period of not less than three

months and not more than nine months, or a to a fine (multa) of not more

than five thousand euro (€5,000), or to both such fine and imprisonment.

(4) For the purposes of this article and other provisions of this Act,

"significant harm" includes abuse, neglect, harassment, ill treatment,

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

persons as mentioned in Sub-title VIII Bis of Title VIII of Part II of Book

First of the Criminal Code.

(5) All reports made according to this article and to whomever they

might have been made, shall be deemed as if protected by professional

secrecy, if not already so protected by any law, and notwithstanding any

other provision of any law said reports shall not be made accessible to the

public, whether in their entirety or in part.

(1) The Director (Protection of Minors) shall keep a register Reports register.

recording therein all reports which he receives in terms of article 9.

(2) The Director (Protection of Minors) shall, as soon as possible Action on

and not later than five (5) days from the receipt of a report, determine, on reports.

the basis of the information provided, whether there are or are not

sufficient reasons to believe that the minor is suffering, or is at risk of

suffering, significant harm.

(3) If the Director (Protection of Minors) believes that there are

sufficient reasons as referred in sub-article (2), he shall proceed to such

investigations and evaluations as he considers necessary to determine

whether the minor is in need of care and protection, and if he decides that

there are no such reasons he shall close the report and provide detailed

reasons for his decision.

(4) The Director (Protection of Minors) shall conclude the

investigations and evaluations referred to in sub-article (3) within sixty

working days and such period shall start running from the date of the

decision of the Director (Protection of Minors) that the minor is

suffering, or is at risk of suffering, significant harm

Provided that said period may, for good reason, be extended by

the Director (Protection of Minors) for an additional thirty working days.

(5) When the Director (Protection of Minors) decides that the minor

needs care and protection he shall take all necessary measures to protect

that minor, which, without prejudice to any other action which the

Director (Protection of Minors) deems appropriate to take, may include

one or more of the hereunder

(a) recommending the provision of support services for the

minor while considering the particular needs of the same and

ensuring that such recommendations are applied;

(b) recommending the provision of support services for the

parents of the minor or for any other person which seems to have

responsibility for that minor, and ensuring that such

recommendations are applied;

(c)

issuing of parental responsibility guidelines;

(d)

applying to the Court for it to decree an emergency

order;

(e) applying to the Court so that it may decree an

appropriate protection order for the minor;

(f) inform the Executive Police of a report so that further

investigations are undertaken in any case involving the abuse or

abandonment of a minor; or

(g) inform the Executive Police of any criminal offence for

which the Executive Police may ex officio initiate criminal

proceedings according to law.

In the exercise of his functions according to article 10, the

Director (Protection of Minors) may

(a)

enter and inspect the premises where the minor is being

kept;

(b)

speak with the minor;

(c) require any information as may be reasonably required

for the investigation;

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

involved in the care of the minor on any matter relating to the

investigation;

(e) obtain photographs, films and any other sort of

recording as evidence; and

(f) obtain any other sort of document, as defined in the

Interpretation Act, as evidence.

(1) When considering what action to take the Director

(Protection of Minors) shall have regard to the possibility of agreeing to a

social contract to resolve a matter concerning a minor’s need for care and

protection without having to make an application to the Court to make a

protection order.

(2)

The social contract mentioned in the foregoing sub-article shall

be signed by the parties and shall take effect upon their signature.

(3) The Director (Protection of Minors) may agree to those terms

and conditions as he may think fit and, in particular, the Director

(Protection of Minors) may agree to terms and conditions on

(a) treatment for substance abuse and other vices during

the operative period of the social contract;

(b) treatment for a person with problems of abusive

behaviour;

(c) therapeutic interventions or treatment of

a

psychological nature or any other form of medical treatment;

(d)

substance abuse testing;

(e) courses aimed at improving the parental skills of the

parents of the minor;

(f) the provision of support and therapeutic interventions

for the minor;

(g) the provision of medical and educational assistance to

the minor;

(h)

the method of monitoring compliance with the social

contract;

(i) the involvement and obligation of professionals in

preparing the care plan, as would be in the best interest of the

minor; and

(j) the involvement of the extended family, and of other

important persons in the life of the family, in the planning and

implementation of the care plan, as in the best interest of the minor

Provided that the social contract shall specify the

period during which it will be in force and also the circumstances

in which the Director (Protection of Minors) may file an

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

Provided further that the social contract shall not

provide for the assignment of parental responsibilities for a minor.

(4) Upon signature, the Director (Protection of Minors) shall notify

the Director (Alternative Care) so that the latter appoints a key social

worker to follow the development and interests of the minor in

accordance with the social contract and for such purpose the key social

worker shall monitor the compliance of the parties with the social

contract.

(5) The Director (Protection of Minors) may also notify other

entities so that these provide the parents with support according to the

social contract.

(6) The social contract shall remain in force for the period specified

therein unless the Director (Protection of Minors) terminates it before the

expiry of such period by notifying the other parties accordingly.

(7) When the Director (Protection of Minors) seeks to amend the

social contract, the Director (Protection of Minors) may change any

condition of the social contract by agreement in writing with all the

parties.

(8) The Director (Protection of Minors) shall always consider the

views of the minor if considered to have sufficient understanding.

(9) The Director (Protection of Minors) may authorise, in writing,

any entity which the Minister may indicate by notice in the Gazette, to

change the social contract according to the best interests of the minor and

such changes shall be approved in writing by all the parties so that they

may be given effect

Provided that for the purposes of this article the Director

(Protection of Minors) may opt to remain a party to the social contract

when he considers this to be in the best interests of the minor.

(1) For the purpose of drawing up a care plan according to the

provisions of this Act the Director (Protection of Minors) shall hold a

conference among those involved in the case so as to establish a care

plan.

(2)

The care plan may include the following

(a)

the relevant identification particulars of the minor;

(b)

the reasons for requesting a protection order;

(c) the aims of the care plan, and, if applicable, those of

the placement of the minor in alternative care;

(d) the treatment and assistance that the parents should

receive with a view to mitigate or revoke the effects of the minor’s

protection order;

(e) the place and frequency of contact of the minor with

his family;

(f)

if applicable, the place where the minor will reside;

(g) matters relating to the education, health, maintenance

and well-being of the minor; and

(h)

a copy of any relevant decision given by the Court.

(3) A care plan shall in all cases be drawn up with the participation

of the minor, if considered to have sufficient understanding, and with the

participation of any other person or entity as the Director (Protection of

Minors) may deem appropriate in the circumstances of the case

Provided that the officers and professionals who shall draw up

the care plan shall, if the minor is considered as having sufficient

understanding, indicate the methodology used to establish the views and

wishes of the minor and their recommendations thereon.

(4) A care plan shall be filed by a note in the acts of the proceedings

for the case relating to a protection order.

(5) Where a care plan is in effect and the consent of a parent is

required for something necessary to avoid significant harm to the health

or education of the minor, and such parent withholds said consent

without good reason, the Director (Protection of Minors) or any other

entity which the Minister may order by notice in the Gazette may act

without such parental consent and take any decision in the best interest of

the minor.

(6) Any interested party may, by application to the Court, request

that any decision taken in accordance with sub-article (5) be cancelled,

revoked or changed and the Court shall hear and decide the application

without delay.

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

in accordance with the provisions of this Act.

TITLE II

OF THE JUVENILE COURT

Sub-title I

OF PROCEEDINGS BEFORE THE JUVENILE COURT

Without prejudice to any provision of the Juvenile Court Act or

any other law, the Court shall have competence to hear and decide all

cases which according to this Act are not within the competence of any

other organ established under it

Provided that in any case heard by the Court, the Director

(Protection of Minors) shall have the right to file notes on matters

relevant to a given proceeding, which notes may also include notes of

submissions or for the filing of relevant evidence.

(1) The Court shall hear all cases brought before it by virtue

of this Act in those premises as are prescribed by the Minister, through

regulations, to serve as Children’s House.

(2) Without prejudice to the provisions of this Act, the Minister

may also by regulations prescribe the procedure to be adopted in all cases

heard in a Children’s House.

Save for the Director (Protection of Minors), parties to Court

proceedings as well as their advocates or legal procurators who shall

have free and full access to the acts and documents of the proceedings,

the acts of the proceedings and documents thereof shall not be accessible

to third parties without the permission of the Court, which may provide

such relevant parts of the acts of the proceedings according to the

circumstances of the case and if in the best interest of the minor.

(1) Before taking a decision in proceedings affecting a minor

and if the Court considers the minor to be of sufficient understanding, it

shall, always acting according to his best interests, take into

consideration the wishes and views of the minor, as well as all the

circumstances of the case, so as to

(a) ensure that the minor has received all relevant

information, including but not limited to information in relation to

procedures which have been, or may be, taken with respect to the

minor and the reasons therefor;

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

understanding, unless the Court deems it reasonably clear that this

is contrary to the best interests of the minor;

(c) give the minor the opportunity to express his views and

consider them

Provided that the Court shall, if it did not do so on the day

appointed for the hearing of the case, hear the minor by not later than the

second sitting in the hearing of the case.

(2) Where the Court does not itself consult the minor it shall ensure

that the person consulting the minor 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 person performing the consultation in accordance with the

foregoing sub-article shall prepare a report on the same consultation and

shall file it in the acts of the proceedings in such manner and within such

time as the Court may order.

(4) The views of the minor which can be determined or, when such

views cannot be determined, the reasons therefor, shall be noted in the

acts of the proceedings by the Court.

(5) The views of the minor shall be determined with sensitivity and

in a manner which does not cause harm to the minor.

(6)

In any proceedings before the Court, the Court shall consider

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

have sufficient understanding;

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

minor and the capability of the parents, or of other appropriate

persons, to contribute towards those needs;

(c) the effect that any change in circumstances may have

on the minor;

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

that the Court deems relevant;

(e)

the harm that the minor has suffered or may suffer; and

(f)

any other relevant matter.

(7) The Court shall appoint the time in which the minor shall give

his evidence in accordance with sub-article (8) and for such purpose it

shall hear the minor in premises prescribed in accordance with article 15.

(8) Evidence from the minor shall be recorded by experts who shall

be nominated by the Minister so as to form part of a list of experts to be

appointed by the Court in cases of such a nature, and such evidence shall,

as much as possible, be recorded in one sitting while also ensuring that

the rights of all the parties involved are safeguarded.

(9) For the cross-examination of the minor by the lawyers of the

parties, the questions to the minor shall be made to the experts mentioned

in sub-article (8) in front of the Court and the Court shall ensure that the

evidence required is gathered according to sub-article (8) and the law on

evidence

Provided that in exceptional cases only, a party to the

proceedings may require that the Court hears the minor again for the

purposes of an additional cross-examination and for such purposes the

Court shall proceed to such hearing in the same manner as provided in

this sub-article.

(10) The Minister may, by regulations, prescribe the procedure for

the appointment of experts referred to in sub-article (8).

Sub-title II

OF PROTECTION ORDERS FOR MINORS

(1) The Director (Protection of Minors) may, by application,

request that the Court issue a protection order for a minor in accordance

with what is provided in article 19.

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

relevant particulars identifying the minor and, as applicable, the parents

of the minor, include

(a) facts relevant to the case and requests as included in the

application;

(b) a report containing the conclusions of the relevant

investigations and evaluations;

(c)

when possible, an indication of another available form

of care;

(d)

those other documents necessary for sustaining the

requests;

(e)

a request for the issuing of a protection order; and

(f)

when required, a request to the Court for the provision

of immediate care for the minor as he deems appropriate according

to the circumstances of the case.

(3) The Court shall issue any provisional measure relevant to the

application within twenty-four hours.

(4) Any decision, order or measure of the Court on an application as

mentioned in this article shall be exclusively based on that same

application.

(5) Upon receiving an application according to this article, the

Court shall appoint a Children’s Advocate and it shall immediately

thereafter appoint the application to be heard within ten working days,

while also ordering the immediate notification of the date of the hearing

to the Director (Protection of Minors), to the parents of the minor, to the

Children’s Advocate as appointed by it, and, if applicable, to the tutor

and, or curator.

(6) In the first sitting, the Court shall hear the requests of the

Director (Protection of Minors), the evidence sustaining such requests,

and if it deems it appropriate, the parents of the minor, the Children’s

Advocate and, if applicable, the tutor and, or curator.

(7) When the Court is satisfied that the requests are justified, the

Court shall adjourn the case to another date which is not later than two

months from the date of the first hearing, and the Director (Protection of

Minors) shall prepare a care plan by such date

Provided that when the application is for a care order, the Court

shall, after having consulted the Director (Alternative Care) , determine

the premises in which the minor shall reside while the care plan is being

prepared

Provided further that when the parents believe that they may

counter the allegations in their regard by bringing forward witnesses and

providing submissions, they shall be allowed to summon such witnesses

and submit any type of relevant proof or submission.

(8) When the Court is satisfied that the care plan is appropriate for

the circumstances of the case, the Court shall give its final decision on

the application referred to in sub-article (1) within two months by

authorising and imposing the relevant orders, and this without prejudice

to any other conditions which the Court deems appropriate to impose and

this inclusive of entrusting the care and custody of the minor to third

parties.

(1) In those cases in which the Director (Protection of Protection

Minors) acts for the issuing of a protection order for a minor, the Court orders

minors.

may make any one or more of the following orders

(a) a care order entrusting the care and custody of the

minor to such person or entity that operates in social welfare which

the Court deems appropriate;

(b) a supervision order placing the minor under the

supervision of the entity identified by the Director (Protection of

Minors) for a period specified by the order and according to those

conditions which the Court deems appropriate to impose, including

the granting of parental responsibility or aspects thereof to such

person or persons as the Court deems appropriate;

(c) a treatment order by which the parents of the minor are

ordered to receive treatment for the abuse of substances or for

domestic violence, or receive psychiatric or psychological care or

any other treatment or assistance which the Court deems

appropriate after having heard experts in the fields;

(d) a removal order against the author of significant harm

to the minor from the place of residence of the minor and, without

prejudice to any other provision of any other law, such order may

also provide for the protection of the minor.

(2) Before giving its decision, the Court shall consider, in so far as

possible

(a) the views of the minor, when deemed to have sufficient

understanding;

(b)

the views of the parents;

(c)

the views of the tutor and, or curator;

(d) the capability of the parents to safeguard the well-being

and harmonious development of the minor;

(e) the nature and quality of the attachment between the

minor and his family;

(f) the harm that was suffered, that is being suffered or

which may be suffered by the minor;

(g) the length of time during which the family of the minor

has been receiving support and treatment services;

(h)

the degree of vulnerability of the minor;

(i) the cultural, linguistic and religious background of the

minor; and

(j)

the relationships of the minor with his siblings.

(3)

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

(a) whether there are deficiencies in the everyday care of

the minor or deficiencies in terms of the personal contact and

security needed by a minor of his age and development;

(b) whether the minor who is ill, disabled or in need of

special assistance is receiving the treatment or specialised care

which he requires;

(c)

whether the minor is at risk of being abandoned; and

(d) whether, generally, the minor 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 minor,

the Court shall give preference to the family of the minor, unless the

Court holds that it is reasonably clear that it would be against the best

interests of the minor.

(1) When the Director (Protection of Minors) has reasonable Emergency

information which leads him to be convinced that the minor is suffering order.

significant harm, the Director (Protection of Minors) may, with the

assistance of the Executive Police, immediately proceed towards the

removal of the minor from the place in which such significant harm is

being occasioned, and this without any need of any form of authorisation.

(2) Within twenty-four hours of having taken action according to

sub-article (1), the Director (Protection of Minors) shall file an

application with the duty Magistrate for the provisional validation or

revocation of the removal of the minor as therein referred

Provided that the duty Magistrate shall appoint a Children’s

advocate upon receiving the application so that he may follow the

proceedings thereof.

(3) The provisional decree given by the Magistrate according to this

article shall be immediately notified to the Director (Protection of

Minors), the Executive Police, the appointed Children’s Advocate, the

Director (Alternative Care), the parents of the minor and, if applicable, to

the tutor and, or curator.

(4) The application referred to in sub-article (2) shall include a short

but clear summary of the facts of the case and a request to the Court to

confirm the decision of the Director (Protection of Minors).

(5) Following the provisional decree given in accordance with sub-

article (2), the acts of the proceedings are to be immediately sent to the

Court so that it may proceed with the case.

(6) The Court shall appoint the hearing of the application within ten

working days from when it received the acts of the proceedings.

(7) The Court may order the Director (Protection of Minors) to

make the required investigations so as to determine which action should

be taken to safeguard the well-being of the minor.

(8) Immediately upon being informed by the Director (Protection of

Minors) of the need to remove a minor from a location of risk in

accordance with this article, the Director (Alternative Care) shall place

the minor in alternative care for such period as other investigations in

accordance with article 10 are pending.

(9) Any investigation according to this article shall be concluded

within thirty working days from the date of the first hearing

Provided that for a good reason and upon the filing of an

application, such period may be extended by the Court for an additional

period of ten working days.

(10) Upon concluding an investigation, the Director (Protection of

Minors) shall file a report to the Court in which he explains which action

he believes is necessary in relation to the minor and the reasons therefor.

(11) In addition to the report mentioned in sub-article (10), the

Director (Protection of Minors) shall prepare and file a care plan which

includes recommendations on which protection order he deems to be as

being in the best interests of the minor.

(12) The Court shall, as soon as it receives the report and the care

plan mentioned in sub-articles (10) and (11), set a date for the hearing of

the Director (Protection of Minors), the parents of the minor, the minor,

the Children’s Advocate, the tutor and, or curator if applicable, and any

other person or persons which the Court deems appropriate, which date

shall not be later than ten working days from the filing of the report and

the care plan.

(13) After having considered the report, the care plan and all the

evidence, the Court shall authorize or reject the order or orders

recommended by the Director (Protection of Minors) in the care plan,

and also decide on the allocation of parental responsibilities to any

person as it may deem appropriate

Provided that when the Court authorizes an order or orders

recommended by the Director (Protection of Minors) in accordance with

this article, the case shall be referred to the Review Board within five

working days.

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

minor shall refer that minor to the Director (Protection of Minors) who minors.

shall thereupon notify the Principal Immigration Officer so that the latter

registers such minor and issues an identification document for such

minor

Provided that, in the exercise of his functions in relation to

unaccompanied minors according to this Act, the Director (Protection of

Minors) shall require the co-operation of the Chief Executive Officer of

the Agency for the Welfare of Asylum Seekers established according to

regulation 3 of the Agency for the Welfare of Asylum Seekers

Regulations

Provided further that such co-operation shall take place in

accordance with an agreement which may be reached between the

Director (Protection of Minors) and said Chief Executive Officer, which

agreement may include a delegation of responsibilities and powers given

to the Director (Protection of Minors) under this Act.

(2) Immediately after the registration of the minor and the issuing

of appropriate identification documents, the Director (Protection of

Minors) shall request the Court to provide for the tutorship and, or

curatorship of the minor in accordance with the circumstances of the case

and in the best interests of the minor.

(3) When the Court is of the opinion that there are competent

persons who are relatives of the minor, the Court shall appoint one or

more thereof and, among such persons and always in the best interests of

the minor, preference should be given to the closest relative by

consanguinity or, should there be none, by affinity.

(4) For the purposes of this article, the provisions of the Civil Code Cap. 16.

on tutorship and curatorship shall apply mutatis mutandis and without

prejudice to the powers, functions and responsibilities which are given to

the tutor and, or curator under those provisions or to the powers,

functions and responsibilities which may be given to them according to

any law, the tutor and, or curator shall be responsible for assisting and

supporting the unaccompanied minor and in particular he shall

(a)

identify the persons or entities which may be involved

in the care, custody and protection of the minor;

(b) coordinate the efforts of such persons or entities as

identified by him;

(c) ensure that the minor is offered care, accommodation,

education and medical care, as appropriate and without delay;

(d) ensure that the minor has suitable legal and judicial

representation with regards to his residence status, his request for

asylum, or for other legal or administrative procedures, including

those for the administration of his estate; and

(e) ensure that all decisions in relation to the minor are

taken in his best interests.

(5) The Director (Protection of Minors) shall refer the

unaccompanied minor to the competent authorities so that the latter may

undertake those investigations and evaluations as they deem appropriate

to determine whether the minor is in fact an unaccompanied minor and to

trace his family in his country of origin or in other jurisdictions if that is

in the best interests of the minor.

(6) Upon receiving the conclusions of the investigations and

evaluations from the competent authorities and should these establish

that the applicant is in fact an unaccompanied minor, the tutor and, or

curator shall, by application, request the Court to issue a protection order

according to this Act.

(7) Upon receiving a request as mentioned in sub-articles (2) and

(6), the Court shall appoint a Children’s Advocate for the unaccompanied

minor and shall also appoint the hearing of the application within ten

working days.

(8) Upon appointing the date of the hearing as mentioned in the

foregoing sub-article, the Court shall immediately notify such date to the

Agency or, as applicable, to the competent authorities or entities

responsible for the well-being of persons seeking international

protection.

(9) In the first hearing the Court shall hear the application, the

evidence in support of such application, the unaccompanied minor, the

tutor and, or curator and the Children’s Advocate.

(10) If the Court is satisfied that the applicant is in fact an

unaccompanied minor, the Court shall defer the case to another date

which is not later than one month from the first hearing, and the Director

(Protection of Minors), shall, during the intervening period, prepare a

care plan and for such purpose the provisions of article 13 shall apply

mutatis mutandis.

(11) If the Court is satisfied that the care plan is appropriate in the

circumstances of the case, the Court shall issue a protection order,

without prejudice to those other conditions which the Court may deem

appropriate to impose and which may include entrusting the minor in the

care and custody of the Agency or such other competent authority or

entity which the Court deems appropriate.

(12) Upon issuing a protection order as mentioned in the previous

sub-article, the Court shall refer the case to the Review Board for

revision according to the provisions of this Act.

(1) A protection order shall remain in force until the minor Validity of

protection

reaches the age of eighteen years or is revoked by the Court.

orders for

minors.

(2) The Court may revoke a protection order upon receiving a

recommendation to do so, given by the Review Board in accordance with

article 33(5).

(3) Before revoking an order in accordance with the foregoing sub-

article, the Court shall consider, as applicable

(a) the recommendation by the Review Board and the

reasons given for it;

(b) the views of the minor if considered to have sufficient

understanding;

(c)

the views of the Children’s Advocate;

(d)

the views of the parents of the minor;

(e)

the views of the key social worker;

(f)

the views of the alternative carer;

(g)

the views of the tutor and, or curator; and

(h) the views of any other person which the Court deems

appropriate.

(4) When the Court determines that there are sufficient reasons to

revoke a protection order, it shall refer the case to the Review Board in

order to prepare a reintegration plan, and for such purpose the provisions

of article 35 shall apply mutatis mutandis.

(5)

When the Court determines that there are insufficient reasons to

revoke a protection order, it shall order that the revisions by the Review

Board shall continue and it shall give the reasons why.

(6) For the purposes of sub-articles (4) and (5), the Court shall

consider

(a)

the age of the minor;

(b) the wishes of the minor and the consideration it should

give to such wishes in accordance with the level of maturity of the

minor;

(c) the length of time the minor has been under the care of

his current alternative carers;

(d) the bond of the minor with his parents and his current

alternative carers;

(e) the capability of the parents of the minor to provide for

an adequate level of care for the minor; and

(f) the risk of psychological harm which the minor may

suffer if his current care arrangements are changed or revoked.

(1) The Court may, by decree and given the circumstances of

the case, order that an alternative permanency plan is in the best interest

of the minor.

(2) The alternative permanency plan shall be prepared by the

Director (Protection of Minors) and it shall come into force in accordance

with the progress made in relation to all that concerns article 13.

(3) The alternative permanency plan shall be aimed towards

reducing or revoking the effects of the minor’s protection order and it

shall provide for a permanency which is relational, physical and legal.

(4) The Court may issue a decree as mentioned in sub-article (1)

upon an application by the Director (Protection of Minors) which is made

concurrently with a request for a protection order, and with such an

application the Director (Protection of Minors) shall also file an

alternative permanency plan for the consideration of the Court

Provided that the Court may also issue a decree as mentioned in

sub-article (1) upon a recommendation of the Review Board in

accordance with article 33(7).

(5) Before issuing a decree according to this article the Court shall

consider the views and wishes of the minor if he is deemed to have

sufficient understanding, as well as the views of any other person or

entity which the Court deems relevant to safeguard the views and wishes

of the minor.

(6) Upon issuing a decree according to this article, the Court may

also give parental prerogatives to the alternative carers, particularly as

regards matters involving education, health, religion and travelling

Provided that the Court may also impose any other condition

which it deems appropriate to impose given the circumstances of the

case.

(7) Any revision of the alternative permanency plan shall be made

at least once a year through a report by the key social worker that is to be

filed with the Review Board.

(8) For the purposes of the foregoing sub-article, the Review Board

shall, whenever it deems it appropriate to do so, call upon any person or

entity to appear before it and to submit any document it may require

Provided that the Review Board shall have the power to hear the

minor at any time in which the alternative permanency plan is in force in

order to verify the well-being of the minor.

(1) In accordance with the provisions of this article and upon Decree allowing

an application by the Agency or any other person having an interest, the the

minor.

Court may issue a decree ordering that a minor subject to a protection

order may be given up for adoption and it may do so even without the

consent of his parents

Provided that notwithstanding any other provision of any other

law, an adoption following an order in accordance with this article may

be open and without age restrictions.

(2) Together with the relevant particulars identifying the minor and,

if applicable, the parents of the minor, the application mentioned in the

foregoing sub-article shall also include the reasons for the request and, if

the Agency has identified them, the particulars identifying the

prospective adoptive parents

Provided that if the alternative carers are amongst the persons

identified as prospective adoptive parents, the Agency may, in its

application, give preference to such carers if this is in accordance with

the best interests of the minor.

(3) The application mentioned in this article shall be notified to the

parents of the minor who shall have twenty days from such notification

to file their reply.

(4) Following the filing of the reply mentioned in sub-article (3) or

the failure to file such reply within the term therein given, the parties

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

(5) Before issuing a decree ordering that the minor under alternative

care be given up for adoption, the Court shall

(a) hear and ascertain the views and wishes of the minor if

he is deemed to have sufficient understanding;

(b) hear every person entrusted with any form of care and

custody of the minor to be given up for adoption;

(c)

hear the parents of that minor;

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

and any other person it deems relevant;

(e) consider whether the giving up for adoption is in the

best interests of the minor;

(f) consider whether there are reasonable prospects for the

parents to become capable of taking care of the minor; and

(g) consider the thoughts of the parents on whether the

minor should be given up for adoption

Provided that the fact that the consent of the parents is lacking

shall not, by itself, constitute an obstacle for the minor to be given up for

adoption.

(6) When the Court issues a decree ordering that a minor shall be

given up for adoption it shall give its reasons for such a decision.

(7) In every case in which the Agency identifies the prospective

adoptive parents in its application the Court shall refer the decree,

together with the application, to that court having the power to issue

decrees for adoption and for such purposes the provisions on adoption in

the Civil Code shall apply mutatis mutandis and without prejudice to the

provisions of this Act.

Sub-title III

OF THE CHILDREN’S ADVOCATE

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

Advocate.

Advocate under any other law, the Children’s Advocate shall

(a)

provide legal assistance and advice to the minor;

(b) submit the views of the minor in any court or with any

administrative body as relayed to him by the key social worker or

by an expert on minor protection as appointed by the Court for said

purpose;

(c) provide explanations to the minor on the possible

consequences should they conform to his or her wishes; and

(d)

provide the minor with any relevant information

Provided that the Children’s Advocate shall provide the

minor with all the relevant explanations and information as

mentioned in paragraphs (b) and (c) only if the minor is deemed to

have sufficient understanding.

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

as to effectively represent and safeguard the views and wishes of the

minor, as may be prescribed by regulations, from time to time, by the

Minister responsible for justice

Provided that when the Children’s Advocate is to be engaged in

relation to an unaccompanied minor the relevant Children’s Advocate

should also receive or have received training on the problems and issues

affecting migrant children and migrant children seeking international

protection.

TITLE III

OF THE THERAPEUTIC AND SECURE CENTRE

(1) There shall be established a Therapeutic and Secure Therapeutic and

Centre within that entity mentioned by the Minister by notice in the Secure Centre.

Gazette, having the purpose of holding minors with serious behavioural

difficulties in a safe and adequate place so that they be given the required

therapy and assistance in order to return to society and participate in it in

an appropriate manner.

(2) The prerequisites for a minor to be possibly placed under a

programme within the Therapeutic and Secure Centre are that

(a) the minor absconded or it is probable that he will

abscond again and, if the minor so absconds it is probable that his

physical, psychological and moral well-being be put at risk; or

(b) it is probable that the minor behaves in such a manner

as to possibly hurt himself; or

(c)

it is probable that the minor may cause harm to another

person.

(1) Without prejudice to any other law, when a social worker

gains knowledge that a minor finds himself in the immediate risk of

significant harm because of difficulties in his behaviour in accordance

with one of the prerequisites mentioned in article 26(2), he shall refer the

case to the Director of the entity mentioned in article 26(1) so that, in the

best interests of the minor, the minor is immediately removed from such

risk and placed under a programme within the Therapeutic and Secure

Centre.

(2) The decision mentioned in sub-article (1) shall be approved by

the Director (Protection of Minors) together with the Director of the

entity mentioned in article 26(1) and two senior professionals within the

Agency.

(3) The Director of the entity mentioned in article 26(1) shall ensure

that the Therapeutic and Secure Centre performs a specialized evaluation

on the risks for the minor within three days from his immediate

placement in the centre, which specialized evaluation shall be filed

together with the application mentioned in sub-article (4).

(4) When a minor is immediately placed under a programme within

the Therapeutic and Secure Centre according to this article, the Director

(Protection of Minors) shall file an application to the Court within three

days from such placement and the Court shall validate or revoke the

decision taken without delay.

When one of the circumstances mentioned in article 26(2) is

present but the circumstances of the case do not require an immediate

placement according to article 27, the Director (Protection of Minors)

may also file an application so that the Court may authorize the

placement of the minor in the Therapeutic and Secure Centre.

(1) Any interested person which disagrees with the decision

to place a minor in the Therapeutic and Secure Centre may file an

application to the Court and request the revocation of that decision.

(2) The application mentioned in sub-article (1) shall be notified to

the Director (Protection of Minors) and to the Director of the entity

mentioned in article 26(1) who shall have five working days, or such

period as the Court deems appropriate, to file their reply.

(3) The Court shall decide on the application mentioned in sub-

article (1) without delay.

(4) The application mentioned in sub-article (1) shall not suspend

the execution of the decision which is thereby being objected to.

(1) In any proceedings of a criminal nature heard before it, the Power of the

Court may, in giving its judgement, request the Director (Protection of Court.

Minors) to consider the case as referred to him so as to consider and

decide on whether the minor should be placed in the Therapeutic and

Secure Centre or not

Provided that when the Director (Protection of Minors)

considers the case as mentioned in this sub-article, the Director

(Protection of Minors) shall consult and gain the approval of the Director

of the entity mentioned in article 26(1) and of two senior professionals

from the Agency.

(2) When it is determined that a case merits the placement of a

minor within the Therapeutic and Secure Centre according to this article,

and there shall also be one of the circumstances mentioned in sub-article

26(2), the Director (Protection of Minors) shall file an application in the

acts of the proceedings by which he lays out the conditions for said

placement, which conditions shall have to be authorized by the Court for

the placement to take effect.

TITLE IV

OF THE MINORS CARE REVIEW BOARD

(1) There shall be established a board to be known as the Minors Care

Minors Care Review Board, which shall consist of seven persons Review Board.

appointed by the Minister, as follows

(a) a Chairperson being a warranted advocate having at

least five (5) years professional experience in family law or law as

relating to minors, or being a warranted professional who is an

expert in the social field and who worked in the same field for at

least five (5) years, and whose appointment shall be communicated

for discussion to the Standing Committee on Social Affairs or to

any other committee which takes its place so that it may be

discussed by such committee;

(b) one (1) member being a warranted psychiatrist, with

preference being given to persons having at least five (5) years

experience;

(c) one (1) member being a registered social worker and

having at least five (5) years professional experience in social

work;

(d) one (1) member qualified in family therapy, with

preference being given to persons having at least five (5) years

experience;

(e)

one (1) member being a warranted psychologist;

(f) one (1) person with professional experience in a field

related to the safeguarding of children which is to be nominated by

the Commissioner for Children; and

(g) a person being registered in the specialist register for

the pediatric field according to the Health Care Professions Act.

(2) The members of the Review Board shall hold their position for a

period of four years from their appointment and a member may be re-

appointed.

(3) A Member of the Review Board may be removed from his

position by the Minister if said member is no longer fit to continue in

such a position or is no longer capable of fulfilling or of adequately

fulfilling his responsibilities as a member.

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

Board as well as his resignation or the termination of said appointment,

as well as any additional function given to the Review Board by the

Minister, shall be notified in the Gazette and shall come into force

immediately

Provided that the failure to publish an appointment or

termination, as applicable, will not adversely affect the validity of such

appointment or termination.

(5) In every case, the number of members present required for a

quorum shall be five and decisions shall be taken by simple majority.

(1) The Review Board shall have those functions and powers

as given to it by this Act or by any other law, or as may be prescribed

from time to time by the Minister by notice in the Gazette.

(2) Without prejudice to the powers and functions created under

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

shall include

(a)

the making of periodical revisions to the care plan;

(b)

examining written reports by the key social worker;

(c) the making of recommendations to the Court on the

situation of the minor and his family, inclusive of the actual and

potential capability of the family to take care of the minor, so that

the Court may decide, in the best interests of the minor, whether the

re-integration of the minor with his family is possible or not;

(d) the making of recommendations to the Court on the

need for a protection order for a minor, as needed from time to

time;

(e) the making of recommendations for the modification of

the care plan as and when it deems it necessary;

(f) in the case of disagreement on the care of the minor in

matters of particular importance, the taking of decisions it deems as

being in the best interests of the minor, after having given its

reasons therefor; and

(g) ensuring that the best interests of the minor are being

safeguarded by all the persons involved in his care.

(3) Without prejudice to the provisions of this Act, and to those

regulations that may be made thereunder, the Review Board shall

regulate its own proceedings

Provided that when there is a need to hear the minor the board

shall convene in the places established according to article 15.

(4) Without prejudice to any other law, so as to execute its functions

according to this Act, the Review Board shall have the power to access

any documentation relevant to a case and to request the assistance of any

person, and it may do so whenever the Review Board deems it helpful in

the exercise of its functions.

(1) The first revision of the care plan shall be made by the Revisions.

Review Board not later than four months from the date of the protection

order for the minor, and subsequent revisions shall be made at least once

every six months thereafter

Provided that the key social worker or the tutor and, or curator

of the minor, as applicable, may file an urgent request with the Review

Board so that the case is reviewed before the end of the six month term

due to the minor suffering significant harm, or being in danger of

suffering significant harm, should he be placed under care or as a result

of the care plan

Provided further that, in every case, the Review Board shall

appoint the case for hearing not later than five working days from the

filing of the request and it shall, after having heard the parties involved,

give its decision on such an urgent request.

(2) The key social worker shall file a concurrent plan for the minor

with the Review Board during the first revision. Said plan shall describe

the requirements which the parents must meet so as to re-integrate or re-

unite the minor with said parents, and also establish an alternative

permanency plan

Provided that the key social worker shall make every reasonable

effort so that the minor be re-integrated or re-united with his parents and

he shall always do so in accordance with the best interests of the minor.

(3) On the day appointed for each revision of the case, the Review

Board shall hear the parents of the minor, the key social worker, the

alternative carer and, if applicable, the tutor and, or curator, so as to

determine if progress is being made in accordance with the care plan

Provided that the Review Board may hear the minor whenever it

deems it in the best interests of the minor to do so, or whenever the minor

expresses his wish to be heard by the Review Board to the key social

worker or to any other person having contact with the minor, and for such

a purpose the board may also decide on a day and time which is different

from the day and time appointed for the revision.

(4) For the purpose of fulfilling its functions, the Review Board

may also consult with those professionals or other persons which it

deems appropriate and for such a purpose it may also invite those

professionals, or other persons, to attend the meetings of the Review

Board as may be indicated to them.

(5) The decision of the Review Board may be that there was

sufficient progress justifying the revocation of a protection order or that

there has not been such progress

Provided that in case that there be such progress, the Review

Board shall make a recommendation to the Court so that the latter may,

after having heard the interested parties, order said revocation or not.

(6) When the Review Board determines that there has not been

sufficient progress to justify the revocation of a protection order, and two

years have passed since the date on which the key social worker had filed

the concurrent plan with the Review Board, the Review Board shall

determine whether there are reasonable prospects for the re-integration or

re-unification of the minor with his parents or not.

(7) If the Review Board determines that there are reasonable

prospects as required by sub-article (6), it shall continue with its

periodical reviews and this without prejudice to those variations to the

care plan as it would deem necessary in the circumstances of the case

Provided that if the Review Board determines that the prospects

are not reasonable as required by sub-article (6), it may recommend to

the Court that the alternative permanency plan is to come into effect

Provided further that the Review Board may recommend the

coming into effect of the alternative permanency plan at any time in

which the minor is under a protection order, if this is deemed to be in the

best interests of the minor

Provided further that, if it is in the best interests of the minor

that the alternative permanency plan is to come into effect immediately

following the issuing of the orders mentioned in the immediately

foregoing proviso, then such a recommendation should be made by the

Director (Protection of Minors).

(8) Prior to pronouncing its final judgement the Court shall hear the

views of every person it deems relevant, and in particular the views of the

minor if he is deemed to have sufficient understanding.

(9) The key social worker, the parents of the minor, or if applicable

the tutor and, or curator, may, within five working days, request the

Court to review the decision of the board if the board had determined that

there was not enough progress to recommend to the Court the revocation

of an order

Provided that, without prejudice to other measures as provided

by other provisions of this law or of any other law, when it seems clear

that a request for such a revision is frivolous or vexatious the Court may

condemn the applicant to pay the expenses and a penalty of not less than

two hundred and fifty euro (€250) and not more than two thousand and

five hundred euro (€2,500)

Provided further that when the Court confirms that there are not

enough reasons to revoke a protection order for a minor, any subsequent

request for the revision of the decision of the Review Board shall be

allowed only after twelve months following the decision

Provided further that no request, or further requests, shall be

acceded to by the Court following the issuing of a decree that an

alternative permanency plan is in the best interests of the minor, save for

when the Court deems the circumstances to be exceptional.

(10) All recommendations according to this article are to be made by

a note to the Court.

(1) Without prejudice to the provisions of article 22, when the

key social worker, the parents of the minor, the alternative carer or, if

applicable, the tutor and, or curator, request a variation to the care plan,

the Review Board shall decide on the need or otherwise of doing so.

(2) The Review Board shall decide on the manner in which a care

plan is to be varied after hearing all the persons involved, and it shall

order the key social worker to make those variations to the care plan as

established by the board.

(3) When the Review Board decides that a variation to the care plan

is necessary it shall give its reasons in a report which is to make part of

that decision.

(1) For the purposes of article 22(4), the Review Board shall,

in agreement with the key social worker, the parents of the minor, the

alternative carer and, if applicable, the tutor and, or curator, provide in

writing the aims of the re-integration and the method in which the minor

shall be re-integrated with his family.

(2) When the Review Board determines that the aims of the re-

integration plan have been met it shall file a note to that effect in the acts

of the case and send those acts to the Court so that the latter shall give its

decision on the recommendations of the Review Board.

(3) The Court shall revoke the protection order if upon receiving the

acts referred to in the preceding sub-article it is satisfied that the aims

have been met, without prejudice to those conditions which it may deem

fit to impose

Provided that the Court may, before giving effect to such

revocation, hear any person which it may deem appropriate in the

circumstances of the case

Provided further that the Court shall in all cases hear the minor

if deemed to have sufficient understanding.

(4) In its decision, the Court may order the re-integration of the

minor with his parents while keeping in force the protection order for that

period which it deems appropriate.

PART II

OF ALTERNATIVE CARE

TITLE I

OF THE DIRECTOR RESPONSIBLE FOR THE WELFARE OF

MINORS IN ALTERNATIVE CARE

(1)

There shall be a Director responsible for promoting the Establishment

development and well-being of minors in alternative care, who shall be and

the Agency.

known as Director (Alternative Care) and who shall be appointed

following a public call from amongst persons having at least five years

experience in services related to minors and having competence in

management.

(2) The Director (Alternative Care) shall be an officer of the

Foundation for Social Welfare Services and shall exercise his

functions through it

Provided that the Director (Alternative Care) shall at all times

act in an impartial manner in the exercise of his functions.

(3) There shall also be other officers who shall exercise and

perform all such powers, functions and responsibilities as may be

delegated or assigned to them by the Director (Alternative Care).

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

responsibilities delegated or assigned to them as aforesaid, the officers of

the Director shall, save as otherwise apparent, have the same powers,

functions and responsibilities as are by law imposed on or given to the

Director.

(5) In the exercise and performance of their powers, functions and

responsibilities, the Director (Alternative Care) and the officers referred

to in sub-article (3) may request the assistance of the Executive Police in

accordance with the Police Act, whenever they deem it required.

(6) Without prejudice to any other function which may be assigned

to the Director (Alternative Care) under this Act or any other law, the

Director (Alternative Care) shall perform such functions and carry out

such duties as the Minister may by regulations under this article assign to

it from time to time.

(7) The legal and judicial representation of the Director (Alternative

Care) shall vest in the Director (Alternative Care), who may delegate the

exercise of said representation to other officers.

(8) When the circumstances of a specific case require it, all powers

given to the Director (Alternative Care) under this Act may be exercised

by the Chief Executive Officer of the Foundation for Social Welfare

Services and the Chief Executive Officer may also limit the exercise of

those powers by the Director (Alternative Care).

TITLE II

OF THE SOCIAL CARE STANDARDS AUTHORITY

Without prejudice to any functions and responsibilities

established in the Social Care Standards Authority Act, or in any other

law, the Authority shall, for the purposes of this Act, have the

responsibility

(a) to receive and acknowledge applications for a licence

to establish, operate and maintain a minor residential care service;

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

revoke or suspend the licence of a minor residential care service

provider;

(c) to receive, acknowledge, investigate and take any

necessary action in relation to any complaints against the Agency

or any agency purporting to act as such, or against any minor

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 minor and the alternative carers;

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

accommodated, or any other premises proposed for the

accommodation of the minor; and

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

residential carers to the minors in their care.

TITLE III

OF THE FOSTERING BOARD

(1) There shall be a board, to be known as the Fostering Establishment of

Board, appointed by the Minister, which shall consist of seven members the

Board.

as follows

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

least five years professional experience of practice in foster care;

(b) two persons who have at least four years professional

experience in social work;

(c) one person who is, or was, a foster carer for a period of

at least three years;

(d) one person who is a social worker with three years

experience in foster care;

(e)

one person being a warranted psychologist; and

(f) one adult person who had lived in foster care for at

least three years.

(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 four (4) 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 by the

Minister if such member is no longer fit to continue in his role or became

incapable of fulfilling 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) Without prejudice to the provisions of this Act and of any

regulation made thereunder, the Fostering Board shall regulate its own

procedure.

(7) In every case, the number of members present required for a

quorum shall be five and decisions shall be taken by simple majority.

(8)

The Chairperson shall have an original vote, and in case of

equality of votes, a casting vote.

(9) 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

Provided that the Secretary to the board shall have no vote.

(10) The Fostering Board shall meet as and when required, so

however that it shall meet at least once a month

Provided that upon a written request by the Minister or the

Agency, which request shall be made to the Secretary of the board, the

board shall meet not later than forty-eight hours after the request is made.

(11) 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.

(12) The acts and documents of the Fostering Board, and the contents

thereof, shall not be viewable, are not to be accessed by anyone, and no

copies thereof may be given save to the concerned parties or to their

advocate or legal procurator as may be authorized by said parties.

(13) Twice a year, the Fostering Board shall send reports to the

Minister on all its activities in the previous six calendar months, and it

shall do so within the first fifteen days of the following calendar month.

(1)

The functions of the Fostering Board shall include

Fostering Board.

(a) determining whether prospective foster carers are

adequate or not to be foster carers in accordance with the

recommendations indicated in the report prepared by the social

worker for such a purpose and in accordance with article 49(1)(c),

hereinafter referred to as the Home Study Report;

(b)

determining whether a foster carer is adequate to act as

such;

(c) specifying which type of foster care each foster carer

may provide;

(d)

keeping an updated register of foster carers;

(e)

providing foster carers with official documentation

which identifies them as such and an authentic letter identifying the

minors 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; and

(g) the making of recommendations to the Minister on a

more effective implementation of the provisions of this Act and

any regulation made thereunder.

(2) The Fostering Board shall have access to all documentation

deemed relevant for foster care procedures and no one may hinder the

board in the performance of any of its functions.

(1) In exercising its functions under article 39(1)(a), (b), (c) Decisions of the

and (f), the Fostering Board shall consider the Home Study Reports and Fostering Board.

the Review Reports made according to article 52 and referred to it by a

social worker of the Agency as well as all other documentation which the

board may deem appropriate.

(2) The Fostering Board shall also hear the prospective foster carer,

or the foster carer, as applicable, the minor if considered to have

sufficient understanding, and any other person which the board deems

appropriate given the circumstances of the case.

(3) For any decision or action taken in accordance with sub-articles

(1) and (2), reasons shall be given in writing and notified to the

prospective foster carer or the foster carer, as applicable, and to the

Director (Alternative Care).

(4) The notification mentioned in the foregoing sub-article shall be

made by registered mail within five working days from the date of the

decision.

(5) The Fostering Board shall determine any requests made to it

according to this Act not later than six weeks from the date the request

was made, unless the board is of the opinion that a longer period is

required for a valid reason which should be declared and recorded in the

acts of the case.

(6) The foster carer or the prospective foster carer, as applicable,

may appeal any decision given by the Fostering Board by filing an

application with the Board of Appeal not later than five working days

from the date of notification by registered mail.

TITLE IV

OF THE CENTRAL AUTHORITY ON FOSTERING

There shall be a Central Authority on fostering which shall be

that entity which upon the entry into force of this Act was responsible for

fulfilling the functions provided in article 42 and, or by regulation made

under this Act

Provided that, from time to time, the Minister may, by

regulations, confirm that entity or identify another entity as the Central

Authority, and by the same regulations he may assign other functions and

responsibilities to it in addition to those already provided in this Act for

the Central Authority.

The functions of the Central Authority shall include

(a) receiving

and

acknowledging

applications

for

accreditation;

(b) granting, refusing, suspending and revoking the

accreditation of agencies in accordance with established criteria;

(c) receiving, acknowledging, investigating and taking

of any necessary action on any complaint against accredited

agencies or agencies purporting to act as such;

(d) receiving requests from foreign persons who are

approved as foster carers in another country or from accredited

agencies, which requests shall be referred to the Agency and it is

only the Agency which shall make the necessary checks once such

references are made to it; and

(e) receiving applications from agencies which want to

provide cross-border foster care and deciding on whether to allow

such agencies to place minors under foster care.

(1) Any agency may apply to the Central Authority for

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

order to be able to carry out foster care services.

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

an application, require an agency to provide any documents and

information deemed necessary in order to ascertain whether accreditation

should be granted.

(1) The Central Authority may accredit an agency if it is

satisfied that the agency

(a) has professionals with sufficient experience and

expertise in dealing with matters related to minors and families;

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

foster care services; and

(c) has the administrative and legal competency to carry

out the functions appertaining to foster care services.

(2) The provisions of articles 55(2) and 56 to 59 shall apply mutatis

mutandis to every organisation accredited by the Central Authority in

accordance with this article

Provided that articles 56(c) and 58(1)(c) shall not apply to

agencies accredited in accordance with this article.

(3) An accredited agency shall be obliged to provide the Agency

with information in its possession, including information on foster carers

and prospective foster carers, as requested by the Agency with the

purpose of fulfilling one of its functions according to this Act.

(4) In addition to the requirements provided in the foregoing sub-

article, the Minister may prescribe other requisites by regulations made

for such purposes or as otherwise may be made under this Act.

(1) Upon granting accreditation to an agency the Central Accreditation

Authority shall issue an Accreditation Certificate which shall be valid for Certificate.

a period of two years from date of issue.

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

the Central Authority if the accredited agency applies for renewal by not

later than two months prior to the expiration of its accreditation and

renewal shall only be granted if the accredited agency is still in

compliance with articles 43 and 44.

(3) The decision of the Central Authority on the renewal of the

accreditation certificate shall be served on the accredited agency, by

registered mail, within three months from the application for renewal.

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

application for accreditation, or for its renewal, if it deems the agency refusal.

inadequate for the provision of foster care services.

(2) A refusal according to sub-article (1), together with the reasons

therefor, shall be given in writing to the applicant agency within three

months from the date of application.

(3)

The agency or the accredited agency, as applicable, shall have

the right to request a change in the decision of the Central Authority by

filing an application to the Board of Appeal within twenty days from the

date of notification in accordance with sub-article (2).

(4) If the reason for refusal is no longer present, the organisation or

the accredited agency, as applicable, shall have the right to apply with the

Central Authority for accreditation.

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

accreditation of an agency at any time, if the agency

(a)

files a request in writing for revocation;

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

accreditation;

(c)

is no longer deemed suitable to provide foster care

services;

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

accordance with the provisions of this Act or of any regulations

made thereunder.

(2) The Central Authority shall notify the agency on the revocation,

which notification shall be given together with the reasons therefor and

such revocation shall have effect from the date of notification.

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

in sub-article (1)(b), (c) or (d), the agency may request the revocation of

the decision of the Central Authority by filing an application to the Board

of Appeal within ten days from notification in accordance with sub-

article (2).

(4) If the accreditation of an agency is revoked, the Accreditation

Certificate and all the documents related to foster care services become

the property of the Central Authority

Provided that the Central Authority may appoint another

accredited agency to have custody of such documents, to follow up on

the prospective foster carers and foster carers, to continue taking care and

follow up on the placement of minors under foster care, and to perform

all the functions of the agency which had its accreditation revoked in

accordance with this article.

(1) During the month of January of each year, the Central

Authority shall publish in the Gazette

(a)

a list of all accredited organisations specifying their

full name, registered address and other relevant contact details; and

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

throughout the previous calendar year.

(2) The Central Authority shall publish in the Gazette any change to

the conditions required for accreditation or the renewal thereof upon

making such a change, and changes shall take effect from the date of

publication.

TITLE V

Sub-title I

OF FOSTER CARE

(1) Upon receiving an application by a prospective foster Evaluation of

prospective

carer, the Agency shall

foster carers.

(a)

train the prospective foster carer;

(b)

evaluate the suitability of the prospective foster carer;

(c) draw up a report on the situation of the prospective

foster carer which shall include any appropriate recommendation,

which report shall be known as Home Study Report; and

(d)

forward the Home Study Report to the Fostering

Board.

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

social worker authorised by the Agency shall visit the ordinary residence

of the prospective foster carer as necessary.

(3) The visits mentioned in the foregoing sub-article may be made

without notice and the prospective foster carer shall co-operate with the

social worker and he shall provide information which as far as he knows

is correct, and he may not deny the entry of the social worker in his

ordinary residence.

(4) Without prejudice to any other provision of this Act or of any

other law, the Home Study Report shall include the following

(a)

a conduct certificate issued by the Commissioner of

Police;

(b) a report made by a registered doctor on the state of

health of the prospective foster carer;

(c) a register of the meetings that the social worker had

with the family;

(d) a recommendation by the social worker on whether the

prospective foster carer is suitable or otherwise, and the reasons

therefor; and

(e) any other information as the Fostering Board may

reasonably require.

(5) When a social worker, in the early stages of his evaluation for

the purpose of drawing up the Home Study Report, has enough reasons to

think that a prospective foster carer is not suitable, he shall present a

preliminary report to the Fostering Board and request direction on

whether he should proceed with the Home Study Report or not.

(6) When the Fostering Board decides that a social worker should

proceed with his Home Study Report it shall inform the social worker

and the latter shall proceed with his evaluation

Provided that when the Fostering Board agrees with the

preliminary report it shall give its decision in accordance with this Act

and it shall accordingly notify those mentioned in article 40(3).

For the purpose of pairing a foster carer with a minor, the

Agency shall

(a)

consider the individual needs of the minor;

(b) consider the capabilities and experience of the foster

carer to cater for the particular needs of the minor;

(c) without prejudice to paragraph (a), make any

reasonable attempt to keep siblings at the same residence;

(d) without prejudice to paragraph (a), make any

reasonable attempt to keep a parent under the age of eighteen years

and his or her offspring at the same residence;

(e)

consider the report made by the social worker; and

(f) consider whether relatives of the minor are capable of

taking care of said minor.

(1) Foster care shall take place following a written agreement

between the Agency and the foster carer, which may be modified by

written agreement between the Agency and the foster carer.

(2)

The care order, the care plan and the voluntary placement order

in accordance with article 68, as well as any revision to them, shall be

annexed to the agreement and shall be read and interpreted as part of the

same agreement.

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

foster carers, and a copy thereof together with the relevant parts of this

Act which provide for the rights and responsibilities of foster carers and

the rights of minors under foster care, shall be given to the foster carers.

(4) A copy of the agreement mentioned in this article may be given

to the parents of the minor only if the Agency decides that it would be in

the best interests of the minor.

(5) The foster care agreement shall be deemed to include the right

of the foster carer to travel with the minor after having notified the

Agency, and the Agency shall have three working days to object to said

travelling so that the Review Board may give a direction according to

sub-article (6)

Provided the notification by the foster carer shall be made

within a reasonable time and the foster carer shall not have the right to

any compensation or damages if he made any arrangements for that

traveling before the lapse of the said three working days without any

objection by the Agency, or before the Review Board has given its

direction according to sub-article (6).

(6) In case of any disagreement as to the foster care agreement, any

party may request a direction from the Review Board.

(7) The contents of the agreement between the foster carer and the

Agency shall not be deemed as a permanent one unless it contains a

clause which provides clearly to the contrary.

(8) The agreement may be terminated by the Agency or the foster

carer, as applicable, for any one of the following reasons

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

agreement;

(b) the Fostering Board decided that a foster carer is no

longer capable of providing foster care;

(c) the placement of a minor under foster care is no longer

in the best interests of the minor;

(d) the circumstances make it difficult for the foster carer

to continue taking care of the minor under his care

Provided that the agreement may only be terminated after the

key social worker is informed of such an intent and an alternative care

plan is drawn up and approved by the Review Board.

(1) During a placement under foster care, the Agency shall

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

(2) The social worker shall prepare a Review Report at least once

every year for the first three (3) years in which the minor is in foster care

and every two (2) years following said three (3) years, so that it may be

determined whether the foster carer is fulfilling his obligations in

accordance with this Act and the foster care agreement, with the purpose

of deciding if such carer should be allowed to continue taking care of the

minor

Provided that the Review Report shall be made before the

expiry of a two-year period if there is a need to evaluate the foster carer

before such expiry.

(3) For the drawing up of the Review Report, the social worker

shall make the necessary visits to the residence.

(4) The visits mentioned in the foregoing sub-article may be made

without notice and the prospective foster carer shall co-operate with the

social worker and he shall provide information which as far as he knows

is correct, and he may not deny the social worker entry to his ordinary

residence.

(5) The social worker making visits in accordance with this article

shall have the right to be assisted by members of the Executive Police in

case it is deemed that there is a risk of hindrance to the exercise of his

responsibilities according to this article.

By virtue of this article, with the rights and responsibilities of

foster carers listed in a foster care agreement, the following shall be

deemed to be added and included

(a) the facilitation of contact between the minor and his

family and any other person which the Review Board may deem

necessary in the best interests of the minor;

(b) the receiving of any information, including medical

information, about the minor being placed in their care and

ensuring that any such information is kept confidential;

(c) the receiving of such financial assistance as may be

required for the care and upbringing of the minor;

(d)

the receiving of adequate support services;

(e) co-operation with all the entities and persons

concerned and the furnishing to them of such information as they

may deem required;

(f) ensuring that the minor attends to any treatment which

the Review Board may determine as needed for the well-being of

the minor;

(g) attendance together with the minor for reviews by the

Review Board and updating that board on the progress being done

by the minor and on any other significant event;

(h) the giving of a notification to the Agency and the

Review Board of any change in their ordinary residence, at least

two months before such change;

(i) ensuring that the minor is brought up in an

environment which leads to his psychological security as well as

his physical well-being, to the satisfaction of the Social Care

Standards Authority;

(j) respecting and facilitating of the right of the minor to

practice a religion of his own choice;

(k) the reporting to the Director (Alternative Care) or the

Review Board of any incident, abscondment, truancy from school,

injury, sickness or death as they occur;

(l) the participation in on-going training as organized by

the Agency;

(m) the right to open a bank account in the name of the

minor, which they shall administer as a bonus paterfamilias;

(n) access to information on the biological parents of the

minors, following an application to the Court which the Court may

approve or refuse after having considered the case and the best

interests of the minor; and

(o) the observance of any other obligation as may be

imposed upon them under this Act or any other law.

(1) When a minor has been under the care and custody of a Adoption of

foster carer for more than five years, the foster carer may request the minors

foster care.

adoption of that minor by filing an application to the Court of Voluntary

Jurisdiction

Provided that in extraordinary circumstances and only after

three (3) positive Review Reports on the fostering of the minor, the Court

of Voluntary Jurisdiction may accede to a request for adoption of the

minor even if the minor had not been in the care and custody of the foster

carer for more than five (5) years.

(2) Notwithstanding any other provision of the law, no restrictions

based on age may apply for adoption in accordance with this article.

(3) Adoption in accordance with this article shall be granted on

condition that the rights of access to the minor by the biological parents

and siblings by consanguinity shall be as wide as possible, as long as this

is in the best interest of the minor.

Sub-title II

OF THE AGENCY

(1) Without prejudice to any other function or responsibility

given to the Agency in accordance with this Act or any other law, the

Agency under this Act shall

(a) pair foster carers with minors which are to be placed

under foster care in accordance with article 50;

(b) make any reasonable attempt to place siblings with the

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

(c) make any reasonable attempt to place a parent who is a

minor and his offspring with the same foster carer;

(d) ascertain that every placement under foster care is in

the best interest of the minor;

(e) follow up on all placements under foster care which

have been occasioned through it and provide support to the foster

carers throughout such placement under foster care;

(f) consider and propose changes, if needed, to any foster

care agreement;

(g) investigate complaints against a foster carer in

accordance with the manual or procedures mentioned in article 56

and make a report to be referred to the Fostering Board for any

required action; and

(h) investigate any abuse allegations related to foster care

placements in accordance with the manual or procedures referred

to in article 56 and make a report to the competent authority as may

be required.

(2)

The Agency shall also have the following functions

(a) the provision of services in accordance with criteria,

procedures and guidelines established by the Central Authority and

in accordance with those standards of service therein established;

(b) the receipt and processing of applications by persons

applying to be registered as foster carers;

(c) the provision of initial and on-going training to

prospective foster carers and foster carers registered with it, as well

as providing them with adequate and continuous support when the

Agency places a minor under foster care with the foster carers;

(d) providing the Central Authority with access to any

document relating to the foster care procedures of any minor,

inclusive of reports on any foster carer or prospective foster carer;

(e) providing the Central Authority with access to its

accounts and to accounts as audited by an auditor;

(f) sending of a report to the Central Authority on the

exercise of its functions at the end of each calendar year;

(g) conforming with any other function as may be

specified by the Central Authority.

(3) Without prejudice to any other function or responsibility given

to them in accordance with this Act or any other law, every agency

accredited in accordance with this Act shall also have the functions listed

in sub-article (2).

The Agency shall develop, update and fulfil the written policies, Policies and

procedures and manuals which are subject to approval by the Central procedures

the Agency.

Authority, and which shall inter alia provide for

(a)

procedures on training and evaluation;

(b) forms of support for foster carers and minors placed

under foster care as applicable before, during and after such

placement under foster care;

(c)

investigation of complaints against any foster carer;

and

(d)

changes in the circumstances of foster carers.

Before commencing the fostering process, the Agency shall

(a) inform prospective foster carers of its objectives,

powers and activities;

(b) make available a copy of its Accreditation Certificate

to prospective foster carers as proof of its accreditation; and

(c) inform prospective foster carers of any legal

requirements.

(1) The Agency shall maintain one or more registers which

will at least have lists of

(a)

the prospective foster carers registered with it;

(b)

the foster carers registered with it; and

(c) the professionals who are monitoring every foster care

placement.

(2) In addition to what is provided in sub-article (1), the Central

Authority may, by informing the Agency in writing, order it to add other

information to be registered and kept in the registers mentioned in sub-

article (1).

The Agency shall make all reasonable efforts to ensure that

every social worker assigned to carry out duties with regard to foster care

procedures is adequately trained in this regard and continues to receive

ongoing training.

TITLE VI

OF RESIDENTIAL CARE

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

Residential care.

best interest of the minor, such minor shall be accommodated in a home

for residential care.

(2) A home for residential care shall be responsible for promoting

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

(1) Without prejudice to other responsibilities under this Act

or any other law, and the rules made according to sub-article (2), a home

for residential care shall be responsible for

(a)

ensuring that the placement into residential care is

effected in the most appropriate manner for the minor;

(b) ensuring that the minor under its care receives all those

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

his development and for the attainment of his aspirations;

(c)

collaborating with the social worker assigned for the

minor;

(d) reporting to the social worker and the Review Board on

every fact which may affect the care plan of the minor;

(e) facilitating contact between the minor and his family in

accordance with the care plan or decision of the Review Board;

(f) providing residential services in accordance with the

standards, criteria and procedures established by the Social Care

Standards Authority through regulations for such purpose;

(g) keeping of a register on minors placed under their care,

which register shall include periodical reports relating to the

development of the minor;

(h) providing initial and on-going training to their

employees and service providers;

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

for the placement of a minor in its care; and

(j) develop, maintain, update and execute written policies,

procedures and manuals.

(2) The Central Authority may, by notice in the Gazette, make rules

providing for other responsibilities for homes for residential care, which

responsibilities are not already provided under sub-article (1), in this Act

or in any other law whatsoever, and it may also in the same manner

make rules further specifying the responsibilities provided according to

sub-article (1), and it shall at all times do so in the best interests of

minors.

(1) A residential care placement shall only take place Residential care

following an agreement entered into between the Agency and the head of placement

agreement.

the residential home.

(2) The termination of any residential care placement agreement

may only be given effect by the Review Board following a request by an

interested person.

TITLE VII

OF THE RIGHTS OF MINORS IN ALTERNATIVE CARE

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

apply shall be cared for, maintained, instructed and educated according to

his abilities, aspirations and natural inclinations.

(2) The minor shall also, at any time, have regular access to the

social worker who is taking care of his placement in alternative care.

(3) Without prejudice to the generality of the rights mentioned in

sub-articles (1) and (2), and to any other right of the minor, said minor

shall in particular have the following rights

(a) to be consulted on any decision 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 best interests of the minor;

(d) to receive nutrition in accordance with the relevant

nutritional standards, as well as with his 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;

(j) to have a positive, safe and nurturing relationship with

his alternative carers; and

(k) the rights mentioned in the United Nations Convention

on the Rights of the Child.

(4) From time to time the Minister may update the rights mentioned

in this article by regulations.

PART III

OF APPEALS

TITLE I

OF THE BOARD OF APPEAL

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

Board of

three members as follows

Appeal.

(a) 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 the welfare of minors.

(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 inability to perform the functions of their

office or for 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.

(4) When a member of the Board of Appeal recuses himself or

abstains in accordance with the foregoing sub-article, the Minister shall

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

substitution of the said member and for the appeal for which such

member recused himself or abstained.

(5) 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 of Representatives or of a Local

Council, or a candidate for election to the House of Representatives or a

Local Council.

(1) The Board of Appeal shall be competent to, following a

request by application

(a)

review a decision of the Fostering Board;

(b) review a decision of the Social Care Standards

Authority to refuse, revoke or suspend a registration; and

(c) review decisions of the Central Authority with regards

to accreditation, accreditation renewals, suspension or revocation

of an accreditation.

(2) The Board of Appeal shall fulfil any other function which the

Minister may prescribe by regulations made by virtue of this Act.

(3) To fulfil its functions, the Board of Appeal shall have access to

all documentation related to a foster care procedure and no one may

hinder it in the exercise of its functions.

(4) The Board of Appeal shall have such powers as are vested in the

First Hall of the Civil Court by the Code of Organization and Civil

Procedure.

(5) Without prejudice to the provisions of the foregoing sub-article,

in the exercise of its functions the Board of Appeal may call upon any

person to testify and to produce any necessary documents and for such

purpose the Chairperson shall have the power to administer an oath.

(6) The Board of Appeal shall decide an appeal within six weeks

from the filing of the application, unless it is the view of the Chairperson

that a longer period is required due to a valid reason which shall be given

and noted in the acts of the case.

(7) A decision given by the Fostering Board, by the Central

Authority or by the Social Care Standards Authority, as applicable, shall

have immediate effect unless the Board of Appeal decides to suspend it

until a final decision is given.

(8) The decision of the Board of Appeal, and the reasons for it, shall

be given in writing and shall be notified to the appellants, the Fostering

Board, to the Central Authority and to the Social Care Standards

Authority, as applicable, by registered mail within five working days

from its pronouncement.

(9) In cases falling within the competence of the Board of Appeal in

accordance with sub-article (1), there shall be a right of appeal on a point

of law by application to the Court of Appeal constituted in accordance

with article 41(6) of the Code of Organization and Civil Procedure.

(10) The application mentioned in the foregoing sub-article shall be

filed not later than fifteen working days from the date of the decision of

the Board of Appeal.

TITLE II

OF THE COURT OF APPEAL

(1) Without prejudice to the provisions of this Act, any party Appeals from

in proceedings under this Act which feels aggrieved by a decision may decisions

Court.

appeal by filing an application to the Court of Appeal as constituted in

accordance with article 41(6) of the Code of Organization and Civil Cap. 12.

Procedure

Provided that for the purposes of this article a minor shall

always be deemed as an aggrieved party, as may be represented by the

Children’s Advocate assigned to him

Provided further that the provisions of this article shall not apply

when the methods of contestation or redress for any particular decision

have not been exhausted in accordance with this Act.

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

application filed within fifteen working days from the date in which a

decision was given.

(3) The appealed party shall file its reply within fifteen working

days from when it was notified with the appeal application.

(4) The Court of Appeal shall appoint the first hearing of the

application not later than thirty days from the date in which the parties

were notified with the application and it shall give a final decision within

sixty days from the date of the first hearing.

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

Court, as well as impose other measures it deems fit, and upon final

judgement it shall send the acts back to the Court so that it may consider

the case in accordance with articles 22, 23 or 24, as applicable.

(6) An appeal made according to this article shall not stay the

execution of the appealed decision.

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

Code of Organization and Civil Procedure on the Court of Appeal and for

appeals heard by it shall apply mutatis mutandis

Provided that all cases shall, at all times, be heard behind closed

doors.

PART IV

OF SOCIAL WORK WITH MINORS

(1) Where the Court makes any of the orders mentioned in

articles 19 and 20 in respect of a minor, it shall notify the Director

(Protection of Minors) of such order and the Director (Protection of

Minors) shall appoint a key social worker as soon as possible.

(2) Without prejudice to any other responsibilities under this Act, or

under any other law, the responsibilities of a key social worker shall

include

(a)

maintaining an interpersonal relationship with the

minor;

(b)

visiting the minor at regular intervals;

(c) monitoring the placement of the minor and consider his

well-being;

(d)

co-ordinating and following-up the progress of the care

plan;

(e)

keeping of a detailed register of all minors under his

care;

(f) participation in a minor’s case reviews and reporting to

the Review Board on the welfare of the minor;

(g) appearing, reporting and giving recommendations to

the Review Board on matters related to the minor, including on the

possibility of re-integrating the minor with his family or, if not, on

whether the type of alternative care is appropriate for the minor,

and on the progress and implementation of the care plan;

(h) reporting to the Director (Protection of Minors), and to

any other competent authority, on cases of alleged abuse and on

any other serious incident related to the well-being of the minor;

(i) the consideration of the situation, the capabilities, the

difficulties and the other characteristics of the parents, with the

purpose of offering them assistance in order to fulfill their duties

and obligations as parents, and for them to do so to the best of their

abilities and always in the best interests of the minor; and

(j) the fulfilment of the conditions of the care plan on the

provision of support services to the minor and of any other service

as provided in the care plan.

(1) When, due to a valid reason, the parents of a minor Voluntary

propose to make arrangements to place said minor under the care and placement.

custody of another person or entity, such other person or entity shall

notify the Director (Alternative Care) of such a proposal.

(2) Upon being notified in accordance with sub-article (1), the

Director (Alternative Care) shall appoint a social worker to visit and

examine the place in which the minor is proposed to be kept, and to

recommend on whether the person or entity proposed for receiving the

minor is adequate to provide for his care and custody.

(3) The social worker appointed in accordance with sub-article (2)

shall, in relation to the minor, have the same responsibilities as provided

in article 67(2).

(4) For the purposes of sub-article (2) the social worker shall draw

up a report and notify it, together with proposed arrangements, to the

Review Board.

(5) When the Review Board is satisfied that the person or entity to

be entrusted with the care and custody of the minor is adequate to give

such care, and the place in which the minor shall be kept is appropriate to

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

and the provisions of article 13(1), (2) and (3) shall apply mutatis

mutandis.

(6) In every case, the care plan shall be prepared with the

participation of the minor, if deemed to have sufficient understanding,

and with the participation of any other person or entity which the

Director (Protection of Minors) deems appropriate in the circumstances

of the case.

(7) The Review Board shall, at regular intervals, hear all the

professionals involved in the case, the minor if deemed to have sufficient

understanding, the parents of the minor, the person or entity having

received the minor under its care, and any other person which the board

may deem appropriate in the circumstances of the case.

(8) Without prejudice to sub-article (7) the Review Board shall review

the care plan mentioned in this article at least once every six months.

(9) When the parents are no longer of the opinion that the

agreement should remain in force, they may file an application to the

Review Board and request the rescission of the agreement, and in such a

case the board shall give any direction or order it deems appropriate

Provided that up to the moment the Review Board gives its final

decision, the care and custody of the minor shall remain entrusted to the

person or entity to which it had been entrusted.

PART V

MISCELLANEOUS

Upon a minor being removed from the care and custody of a

person and at once when a case is assigned to a key social worker, the key

social worker shall immediately do all that is necessary so that a passport

is issued for that minor and such passport shall be kept by the Director

(Alternative Care)

Provided that in those circumstances in which a passport may

not be issued, the key social worker shall do what is necessary for the

issue of valid travel document for that minor.

Whenever a decision is taken according to this Act and upon the

application, demand or request of any party, a copy of the decision, with

reasons for such decision, shall be given to such party, without prejudice

to the provision of such a copy to other persons as permitted by law.

Notwithstanding any other provision of this Act or any other

law, for matters related to the education of a minor subject to any

provision of this Act, the consent of one person having the care and

custody of the minor according to law shall be enough for all intents and

purposes at law.

Any social worker that is to give his testimony in any

proceedings under this Act, shall first be exempted from the obligation of

professional secrecy and for such purposes, save if already empowered to

do so by law, the presiding member of the body in front of which such

testimony is to be given may so exempt said social worker according to

this article.

(1) Any board called upon by this Act to consider the case of

an unaccompanied minor shall consult with experts identified by the

Chief Executive Officer of the Agency for the Welfare of Asylum

Seekers established according to regulation 3 of the Agency for the

Welfare of Asylum Seekers Regulations and by the Commissioner for

Children.

(2) Every consultation with experts as referred to in sub-article (1)

shall be noted in writing in the decision of the board.

PART VI

OF OFFENCES

(1) Any unauthorised person or any unauthorised organisation Arrangements

that makes an arrangement for the placement of a minor in foster care for 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 minor in foster

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

facilitate the fostering of a minor.

Any person or organisation that establishes, operates or Unauthorized

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

residential care.

residential care without the written approval of the Social 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 to Prohibition of

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

payment or other compensation for 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 more

than 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, and this without

prejudice to any order the Court deems fit to impose in the circumstances

in order to protect the minor 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 minor in foster care shall not include any payments

made for the maintenance of the minor or remuneration due to

professionals for services rendered by them, being such professionals

engaged within the Agency and involved in the care of the minor or in

other professions and acting according to their profession.

(1) Without prejudice to regulations made under this Act, no

one may publish or cause to be published in any newspaper, periodical or

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

exhibition or by any other means, any advertisement, news item or other

matter which indicates

(a)

that a minor may be placed in alternative care;

(b)

that a person intends to care for a minor in alternative

care;

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

placement of a minor in alternative care;

(d) the name of an alternative carer if by doing so any

detail on the minor is revealed;

(e) the name of the minor placed or to be placed in

alternative care;

(f) the name of a parent, curator or tutor of a minor which

was placed or will be placed in alternative care; or

(g) anything which may lead to the identification of one of

the persons mentioned

Provided that this article shall not apply to foster carers

when they present themselves as such and without any minor being

identified, directly or indirectly, by them.

(2) 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 order for the

payment of damages that are deemed fit in the circumstances.

A person 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, if such

person

(a) threatens or forces any authorised or approved

alternative carer to give up a minor placed in their care;

(b) takes the minor away from any authorised or approved

alternative care provider against the will of the minor, without the

approval in writing of the Fostering Board, or the Court, or the

Agency or any other relevant entity or authority, as the case may

be;

(c) threatens or forces any authorised or approved

alternative carer to give up any order issued by any court or issued

by virtue of this Act;

(d) threatens or forces any authorised or approved

alternative carer to act in breach of the provisions of this Act;

(e) threatens or causes any type of damage to any

authorised or approved alternative carer; or

(f)

forces entry into the premises of any authorised or

approved alternative carer by violence or against the will of the

alternative carer.

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

boards, authorities, agencies, entities, directors or officers mentioned,

accredited, 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) Unless in the circumstances of a particular case no other Other

offence is provided for in this Act or by another law, which offence hindrances

against the

would be liable to a higher penalty than that which is provided in this implementation

of this Act.

article, any person who acts aggressively against a social worker, a foster

carer or any other person which is in any way involved in any decision,

responsibility or measure according to this Act, which involvement

includes the exercise of rights or the fulfilment of responsibilities or

functions given to it by this Act or by any other law for the fulfilment of

the provisions of this Act, shall be guilty of an offence

Provided that in a case in which an offence is liable to a lighter

penalty than that provided in this article and the circumstances of such

offence are also in breach of this article, the penalties of this article shall

apply to that offence.

(2) Any person found guilty in accordance with sub-article (1) shall

be liable to imprisonment for not more than two years or to a fine (multa)

not more than ten thousand euro (€10,000), or to both such imprisonment

and fine.

(1) If any minor in relation to whom any minor 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 minor 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.

When a person is found guilty of an offence under this Act or

under 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 VII

OF REGULATIONS

(1) The Minister may make regulations for the better carrying

into effect of the purposes of this Act.

(2) In particular and without prejudice to the generality of sub-

article (1), such regulations may provide for

(a) the protection, supervision and control of minors

placed in alternative care;

(b) the registration, monitoring and control of alternative

care services and for the refusal or revocation of that registration;

(c) the agreement for the placement of a minor in

alternative care;

(d)

any right and obligation pertaining to alternative

carers;

(e)

the rights of minors;

(f)

the services which homes for residential care shall

provide;

(g)

the different types of alternative care;

(h) offences and penalties for the breach of the provisions

of this Act and regulations made thereunder;

(i) the procedure that shall be followed by boards

established under this Act and to establish rules on their powers;

(j)

the activities of entities established in this Act; and

(k) any matter which is incidental to and supplementary

for the effective implementation of this Act, as the Minister may

deem expedient to provide.

PART VIII

TRANSITORY PROVISIONS

(1) If, prior to the date of coming into force of this Act, any Pending

report was lodged about a minor, which report would require investigations.

investigation, said investigation shall be concluded by the Director

(Protection of Minors), within six months from the date of entry into

force of this Act.

(2) The said term may be extended by the Director for an additional

term of three months.

Without prejudice to the provisions of this Act, any action filed Applicable

before the coming into force of this Act shall be decided according to the provisions.

legal provisions in force on the date of filing.

Any request for revision made to the Court in accordance with Appeals.

article 4(5) of the Children and Young Persons (Care Orders) Act before Cap. 285.

the coming into force of this Act shall continue to be heard by the

mentioned Court until it is decided upon

Provided that in case of appeal according to article 66, from a

decision by the Juvenile Court given under article 4(5) of the Children Cap. 285.

and Young Persons (Care Orders) Act, it shall be the Court of Appeal

which is to hear the case, but it shall not do so before four months from

the decision of the Juvenile Court.

All cases pending before the Children and Young Persons

Advisory Board under the provisions of the Children and Young Persons

(Care Orders) Act, before the coming into force of this Act, shall

continue to be heard by the Review Board upon the coming into force of

this Act.

The Children and Young Persons (Care Orders) Act, the Foster

Care Act, the Child Protection (Alternative Care) Act and the Placing of

Minors Regulations are hereby repealed without prejudice to anything

done or omitted to be done thereunder.

Passed by the House of Representatives at Sitting No. 248 of the

10th July, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€5.85