ACT No. XXIII of 2021 AN ACT to amend the Minor Protection (Alternative Care) Act, 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:-

I assent.

(L.S.)

GEORGE VELLA

President

25th May, 2021

ACT No. XXIII of 2021

AN ACT to amend the Minor Protection (Alternative Care) Act,

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

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Minor Protection (Alternative

Care) (Amendment) Act, 2021 and this Act shall be read and construed

as one with the Minor Protection (Alternative Care) Act, hereinafter

referred to as "the principal Act".

The principal Act shall be amended as follows

(a) the words "Director (Protection of Minors)"

wherever they occur shall be substituted by the words "Director

(Child Protection)"; and

(b) the words "Director (Alternative Care)" wherever

they occur shall be substituted by the words "Director

Alternative Care (Children and Youths)".

In article 2 of the principal Act, immediately after the Amendment of

definition "parent" there shall be added the following new definition: article

principal Act.

" "parental responsibility guidelines" means directions

given to the parent or parents of the minor on what is considered

as constituting significant harm, on better methods in parenting

and, or disciplining minors and on what is considered as

desirable or undesirable parenting skills or behaviour exhibited

by the parents in the presence of the minors;".

In sub-article (6) of article 4 of the principal Act, the words Amendment of

"and the Chief Executive Officer may also limit the exercise of those article

principal Act.

powers by the Director (Protection of Minors) and by officers

delegated according to sub-article (3)" shall be deleted.

Article 9 of the principal Act shall be amended as follows

Amendment of

article 9 of the

principal Act.

(a) in sub-article (2) thereof, immediately after the

words "criminal offense on a minor" there shall be added the

words "or has knowledge that a minor is in need of care and

protection";

(b) sub-article (3) thereof shall be renumbered as sub-

article (4) and the words "omits to submit a report" shall be

substituted by the words "fails to take any action including the

filing of a report when necessary"; and

(c) immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) Where a report concerns a pregnant minor who

is in need of care and protection, all efforts shall be made

to keep mother and child together after birth, unless this is

manifestly contrary to the safety and well-being of the

baby.".

Article 10 of the principal Act shall be amended as follows

Amendment of

article 10 of the

principal Act.

(a) in sub-article (2) thereof, immediately after the

words "significant harm" there shall be added the words "or is in

need of care and protection";

(b)

sub-article (5) thereof shall be amended as follows

(i) paragraphs (f) and (g) thereof shall be

renumbered as paragraphs (g) and (h) respectively; and

(ii)

immediately after paragraph (e) thereof there

shall be added the following new paragraph

"(f) identifying the provision of out-of-home

care including if a next-of-kin placement is available

unless this is manifestly against the best interest of

the minor. All efforts should be made to keep a minor

mother and her child together and to keep siblings

together

Provided that in order to place a minor

with a next-of-kin, the Director (Child Protection)

shall have the authority to request the criminal

conduct of that next-of-kin and of any other adults

residing with him or her, immediately from the

competent authority.".

Article 12 of the principal Act shall be amended as follows

(a) in sub-article (4) thereof, immediately after the

words "(Protection of Minors) shall" there shall be added the

words "appoint a key social worker or may"; and

(b)

sub-article (9) thereof shall be deleted.

In sub-article (1) of article 13 of the principal Act, the words

"involved in the case" shall be substituted by the words "professionals

following the parents and, or the minor and any other person involved

in the care and protection of the said minor".

In article 14 of the principal Act, the words "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:" shall be substituted by the words "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 and for such purpose, the Juvenile Court shall be deemed to be

a Court of Magistrates with civil competence and shall be deemed to

have civil jurisdiction with regard to taking cognizance of proceedings

relating to children and young persons in terms of this Act:".

In the Maltese version, in paragraph (f) of sub-article (6) of

article 17 of the principal Act, the words "ħaġa rilevanti oħra" shall be

substituted by the words "ħaġa oħra rilevanti".

Article 18 of the principal Act shall be amended as follows

(a) in the Maltese version, in paragraph (d) of sub-article

(2) thereof, the word "talba" shall be substituted by the word

"talbiet";

(b) in sub-article (3) thereof, immediately after the

words "forty-eight hours" there shall be added the words "and

shall order the notification of the application on the parent or

parents depending on the circumstances of the case, who shall

have until the date of the first sitting to file a reply";

(c)

sub-article (4) thereof shall be deleted;

(d) sub-article (5) thereof shall be renumbered as sub-

article (4) and it shall be amended as follows

(i) the words "to the parents of the minor, to the

Children’s Advocate as appointed by it, curator ad litem

and" shall be substituted by the words "to the parent or

parents of the minor depending on the circumstances of the

case, to the Children’s Advocate as appointed by it, and";

(ii) in the first proviso thereof the words

"mentioned in sub-article (5)" shall be substituted by the

words "mentioned in sub-article (4)";

(iii) the second proviso thereof shall be substituted

by the following new proviso

"Provided further that the Court in the first hearing

shall appoint curators in accordance with article 930 of

the Code of Organization and Civil Procedure to

represent the parent or parents of the minor depending on

the circumstances of the case, when such parent or

parents have not been served by the date of the hearing,

given that the Court would have before it a negative

certificate of service in accordance with article 188 of the

Code of Organization and Civil Procedure and the parent

or parents can be traced, located or found and notified.

The Court shall also proceed to appoint curators without

the need for an attempt of notification when from the

circumstances of the case, it is not possible for the parent

or parents to be traced, located or found or are incapable

of being parties to the proceedings. The procedure of

issue of banns as required by article 931 of the Code of

Organization and Civil Procedure shall not hinder the

hearing as set by article 18(4). Any person appearing to

the banns may be confirmed as curator of the parents by

the Court in accordance with article 933 of the Code of

Organization and Civil Procedure.";

(iv) immediately after sub-article (4) thereof as

renumbered there shall be added the following new sub-

article

"(5) In the first sitting, the Court shall see that

all parties have been notified or are represented in

terms of article 18(4) and shall issue provisional

measures in relation to the residence, care and

custody and aspects relating to the minor.";

(e)

sub-article (6) thereof shall be substituted by the

following new sub-article

"(6) In the first sitting or in the second if a curator is

appointed in terms of sub-article (4), the Court shall hear

the requests of the Director (Child Protection), the

evidence sustaining such requests, and if it deems

appropriate, the parent or parents of the minor depending

on the circumstances of the case, the Children’s Advocate

and, if applicable, the tutor and, or curator

Provided that when the parent or parents of the

minor depending on the circumstances of the case or their

curator ad litem 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

Provided further that all reasonable efforts shall

be made for the Court to hear all the evidence in that sitting

however for good reason, the Court can continue to hear

the evidence in subsequent sittings.";

(f)

sub-article (7) thereof shall be amended as follows

(i) sub-article (7) thereof shall be substituted by

the following new sub-article

"(7) When the Court has heard all necessary

evidence, and when necessary the oral submissions

of the parties and is satisfied that the requests are

justified, the Court shall adjourn the case to another

date which is not later than two (2) months from the

date of that hearing, and the Director (Child

Protection) shall prepare a plan by such date:";

(ii)

in the first proviso thereof, the words "the

Court shall, after having consulted the Director

(Alternative Care)," shall be substituted by the words "the

Court may summon and consult with the Director

(Alternative Care) to"; and

(iii) the second proviso thereof shall be deleted;

(g) sub-article (8) thereof shall be renumbered as sub-

article (9) and it shall be amended as follows

(i) the words "to third parties." shall be substituted

by the words "to third parties:"; and

(ii) immediately thereafter there shall be added the

following new proviso

"Provided that when the court authorises

an order or orders as recommended by the Director

(Child Protection) in accordance with this article, a

copy of the final decision shall be notified to the

parties and the case shall be referred to the Review

Board by not later than five (5) working days."; and

(h) immediately after sub-article (7) thereof there shall

be added the following new sub-article

"(8) When the care plan is filed in terms of article

13(4), it shall be immediately notified to the parent or

parents of the minor depending on the circumstances of the

case or to the curator representing them, who shall have till

the date of the hearing set by the Court to file a reply.".

Article 19 of the principal Act shall be amended as follows

Amendment of

article 19 of the

principal Act.

(a)

sub-article (1) thereof shall be amended as follows

(i)

the word "make" shall be substituted by the

word "authorise";

(ii) paragraph (a) thereof shall be renumbered as

paragraph (a)(i) and it shall be substituted by the following

new paragraph

"(a)(i) a welfare 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 when such minor has been deemed to

have suffered or have been at risk of suffering

significant harm or has been deemed to be in need of

care and protection;"; and

(iii) immediately after paragraph (a)(i) thereof as

renumbered there shall be added the following new

paragraph

"(ii) a correctional care order when the minor

exhibits very challenging behaviour that is or has

been harmful to self or others or is in need of

protection and control which the minor is unlikely to

receive otherwise

Provided that when the minor’s need for

protection and control necessitates that the minor’s

freedom of movement is restricted, the Court shall

review the circumstances and progress of the minor

at least once a month, shall hear the professionals

working with the minor and,or review their report,

and may vary the conditions imposed as it deems

appropriate.";

(iv) paragraph (c) thereof shall be substituted by the

following new paragraph

"(c) a treatment order by which the parent or

parents of the minor or the person caring for the

minor or the minor are ordered to

(i) receive treatment for the abuse of

substances or alcohol abuse; or

(ii) follow programmes

to

address

domestic violence; or

(iii) follow parenting skills training; or

(iv) receive inter-relational therapy; or

(v) receive psychiatric or psychological

care; or

(vi) receive any other treatment or

assistance which the Court deems appropriate

after having heard experts in the fields; or"; and

(b)

paragraph (b) of sub-article (2) thereof shall be

substituted by the following new paragraph

"(b) the views of the parent or parents of the minor

depending on the circumstances of the case;".

Article 20 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, immediately after the

words "significant harm" there shall be added the words "or

when no legal guardian is present to care for the minor";

(b) in sub-article (2) thereof, the words "Within twenty-

four hours" shall be substituted by the words "Without delay, and

in any case not later than forty-eight (48) hours";

(c) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The provisional decree given by the Magistrate

according to this article shall be immediately notified to

the Director (Child Protection), the Executive Police, the

appointed Children’s Advocate, the Director Alternative

Care (Children and Youths), the parent or parents of the

minor depending on the circumstances of the case, and, if

applicable, to the tutor and, or curator

Provided that when at the time of the removal of

the minor there is only one parent known to or traced by

the Director (Child Protection), the proceedings shall be

filed against that known parent and the duty Magistrate

shall appoint curators in terms of article 930 of the Code

of Organization and Civil Procedure to represent the other

parent. The procedure by issue of banns as required by

article 931 of the Code of Organization and Civil

Procedure shall not hinder the hearing as set by sub-

article (6) of article 20

Provided further that in instances where both

parents are incapable of being traced, located or found or

are incapable of being parties to the proceedings, the duty

Magistrate shall appoint curators in terms of article 930 of

the Code of Organization and Civil Procedure to represent

both parents. The procedure of issue of banns as required

by article 931 of the Code of Organization and Civil

Procedure shall not hinder the hearing as set by sub-

article (6) of article 20.";

(d) sub-article (12) thereof shall be substituted by the

following new sub-article

"(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 (Child Protection),

the parent or parents of the minor depending on the

circumstances of the case, 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 (10) working days from the filing

of the report and the care plan

Provided that the care plan shall be

immediately notified to the parent or parents of the minor

depending on the circumstances of the case or to the

curators representing them, who shall have till the date of

the hearing set by the Court to file their reply."; and

(e) the proviso to sub-article (13) thereof shall be

substituted by the following new proviso

"Provided that when the Court decides on the

order or orders recommended by the Director (Child

Protection) in accordance with this article, a copy of the

final decision shall be notified to the parties and the case

shall be referred to the Review Board by not later than five

(5) working days.".

Article 21 of the principal Act shall be substituted by the

following

" Unaccompanied

(1) Any person who comes in contact with

any person who claims to be an unaccompanied minor

shall refer that minor to the Principal Immigration

Officer who shall thereupon notify the Director (Child

Protection) so that the latter registers such minor and

issues an identification document for such minor within

seventy-two (72) hours

Provided that in the exercise of his functions in

relation to unaccompanied minors according to this

Act, the Director (Child Protection) 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 (Child Protection) and

said Chief Executive Officer, which agreement may

include a delegation of responsibilities and powers

given to the Director (Child Protection) under this Act.

(2) Immediately after the registration of the minor

and the issuing of appropriate identification documents,

the Director (Child Protection)) shall request the Court

to provide any provisional measure in terms of article

18(3) in regards to the care and custody of the minor

according to the circumstances of the case and in the

best interests of the minor and s hall a ppoint a

representative to assist the minor in the procedures

undertaken in terms of the International Protection Act.

(3) The person or entity that is entrusted with the

care and custody of the minor and the Court appointed

representative shall be responsible for assisting and

supporting the unaccompanied minor and in particular

they 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 them;

(c) ensure that the minor is offered care,

accommodation, education and medical care, as

appropriate and without delay and whenever

possible the minor shall not be placed in detention

or in accommodation with persons who are not

minors;

(d) ensure that the minor has suitable

legal and judicial representation and assistance

with regards to his residence status, his request

for asylum, or for any other legal or

administrative procedures, including those for the

administration of his estate;

(e) ensure that all decisions in relation to

the minor are taken in his best interests;

(f) submit the views of the minor in any

court or before any administrative authority;

(g) provide explanations to the minor on

the procedures that would be underway and to

provide the minor with any other relevant

information; and

(h) accompany and, or represent the

minor during the age assessment process done by

the Agency for the Welfare of Asylum Seekers

and any other investigations and evaluations

carried out in terms of sub-article (4).

(4) The Director (Child Protection) 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, should this be in the best

interests of the minor and is not prejudicial to the

fundamental rights of the same unaccompanied minor.

(5) Upon receiving the conclusions of the

investigations and evaluations from the competent

authorities and these establish that the applicant is in

fact an unaccompanied minor, the Director (Child

Protection) shall, by application, request the Court to

issue a protection order according to this Act and shall

prepare a care plan that shall be filed with the said

application

Provided that when the investigations and

evaluations from the competent authorities establish

that the applicant is not an unaccompanied minor, the

Director (Child Protection) shall, by application,

request the Court to revoke its first decree and to

provide according to the circumstances of the case.

(6) If the Court is satisfied that the indicated minor

is in fact an unaccompanied minor and is satisfied that

t h e c a r e p l a n i s a p p r o p r i a t e i n t h e m i n o r ’s

circumstances, the Court shall authorise a protection

order and may impose other conditions which the Court

may deem appropriate including entrusting the minor in

the care and custody of the Chief Executive Officer of

the Agency for the Welfare of Asylum Seekers or such

other competent authority or entity which the Court

deems appropriate and this without the need to appoint

a hearing.

(7) If the Court is not satisfied that the indicated

minor is in fact an unaccompanied minor or is not

satisfied that the care plan is appropriate, it shall

appoint the hearing of the application within ten (10)

working days and in that same decree, the Court shall

appoint curators in terms of article 930 of the Code of

Organization and Civil Procedure to represent both

parents. The procedure of issue of banns as required by

article 931 of the Code of Organization and Civil

Procedure shall not hinder the hearing

Provided that in that hearing the Court shall

hear the application, the evidence in support of such

application, the person or entity entrusted with the care

and custody of the minor and the appointed

representative, the curators ad litem and any other

person or persons which the Court deems appropriate

and shall then pass on to give a final decision on the

protection order and may impose any other conditions

which the Court may deem appropriate including

entrusting the minor in the care and custody of the

Chief Executive Officer of the Agency for the Welfare

of Asylum Seekers or such other competent authority or

entity which the Court deems appropriate.

(8) Upon issuing a protection order as mentioned

in sub-article (7), the Court shall thereupon refer the

case to the Review Board for revision according to the

provisions of this Act unless the care plan filed with the

application provides for the relocation of the minor

within the first four (4) months from the authorisation

of the protection order

Provided that when the care plan provides for

the relocation of the minor, the Director (Child

Protection) shall, by not later than four (4) months from

the authorisation of the protection order, file an

application in court to request the Court either to revoke

the protection order and authorize the relocation or else

to refer the case to the Review Board for revisions

according to the provisions of this Act

Provided further that when the case is referred

to the Review Board according to the first proviso, the

Review Board shall appoint the case for its first

revision by not later than ten (10) working days.".

15. Article 22 of the principal Act shall be amended as follows

Amendment of

article 22 of the

principal Act.

(a)

in sub-article (2) thereof, immediately after the

words "article 33(5)" there shall be added the words "or as

provided by other provisions of this Act";

(b) in paragraph (d) of sub-article (3) thereof, the word

"parents" shall be substituted by the words "the parent or parents

depending on the circumstances of the case"; and

(c) paragraph (e) of sub-article (6) thereof shall be

substituted by the following new paragraph

"(e) the capability of the parent or parents

depending on the circumstances of the case of the minor to

provide for an adequate level care for the minor and if they

can provide stability, predictability and permanency to the

minor which is relational, physical and legal; and".

16. Article 23 of the principal Act shall be amended as follows

(a)

sub-article (2) thereof shall be deleted;

(b) sub-articles (3), (4) and (5) thereof shall be

renumbered as sub-articles (2), (3) and (4) respectively;

(c) sub-article (3) thereof as renumbered shall be

amended as follows

(i) sub-article (3) thereof as renumbered shall be

substituted by the following new sub-article

"(3) The Court, when from the circumstances

of the case it is clear that there are no reasonable

prospects for the re-integration or re-unification of

the minor with his parent or parents, may issue a

decree as mentioned in sub-article (1) upon an

application by the Director (Child Protection) which

is made concurrently with a request for a protection

order, and with such an application the Director

(Child Protection) shall also file an alternative

permanency plan for the authorisation of the Court:";

and

(ii) in the proviso thereof, immediately after the

words "article 33(7)" there shall be added the words "and

in such case, the alternative permanency plan shall be

prepared by the Director (Alternative Care) and filed for

the authorization of the Court with the recommendation of

the Review Board.";

(d)

sub-article (6) thereof shall be deleted; and

(e) sub-articles (7) and (8) thereof shall be renumbered

as sub-articles (6) and (7) respectively.

17. Article 24 of the principal Act shall be amended as follows

Amendment of

article 24 of the

principal Act.

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

following new sub-article

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

and upon an application by the Director Alternative Care

(Children and Youths) or any other person having an

interest, the Court may issue a decree ordering that a minor

subject to a protection order may be freed up for adoption

and it may do so even without the consent of his parents:";

(b) in sub-article (2) thereof, the word "Agency",

wherever it occurs, shall be substituted by the words "Director

Alternative Care (Children and Youths)";

(c) the proviso to sub-article (2) thereof shall be

substituted by the following new proviso

"Provided that if the alternative carers are amongst the

persons identified as prospective adoptive parents, the

Directorate of Alternative Care (Children and Youths) shall,

if this is in accordance with the best interest of the minor,

give preference to such carers.";

(d) sub-article (3) thereof shall be renumbered as sub-

article (4) and the words "parents of the minor" shall be

substituted by the words "parent or parents of the minor

depending on the circumstances of the case";

(e) immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) Together with the application, the Director

Alternative Care (Children and Youths) shall file an

updated care plan providing recommendations for the

continued care of the minor either with the prospective

adoptive parents or with alternative carers until other

carers are identified according to the care plan and the

transition into their care when these have been identified,

in terms of the provisions of this Act or of any other law

regulating adoption.";

(f)

sub-article (5) thereof shall be amended as follows

(i) in sub-article (5) thereof, the word "given"

shall be substituted by the word "freed";

(ii) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) hear every person entrusted with any

form of care or custody of the minor to be freed up

for adoption and professionals following and

supporting such minor";

(iii) in paragraph (c) thereof, the words "parents of

the minor" shall be substituted by the words "parent or

parents of the minor depending on the circumstances of the

case";

(iv) in paragraph (d) thereof, the words "it deems

relevant;" shall be substituted by the words "it deems

relevant:" and immediately thereafter there shall be added

the following new proviso

"Provided that, unless there are good

reasons that do not allow for such, the same

Children’s Advocate that had been appointed to

represent the minor during the proceedings for the

authorisation of the protection order, should

represent the minor before the Court during the

hearing appointed by the Court in terms of sub-article

(4);";

(v) in paragraph (e) thereof, the word "giving"

shall be substituted by the word "freeing";

(vi) in paragraph (f) thereof, immediately after the

word "minor" there shall be added the words "in the

foreseeable future"; and

(vii) paragraph (g) thereof shall be substituted by

the following new paragraph

"(g) consider the thoughts of the parent or

parents depending on the circumstances of the case

on whether the minor should be freed up for

adoption:";

(g)

in sub-article (7) thereof, the word "Agency" shall be

substituted by the words "Director Alternative Care (Children

and Youths)".

18. Article 31 of the principal Act shall be amended by the Amendment of

article 31 of the

following

principal Act.

(a) in sub-article (2) thereof, the words "be re-

appointed." shall be substituted by the words "be re-appointed:"

and immediately thereafter there shall be added the following

new proviso

"Provided that the Minister may, should the exigency

arise, appoint an Additional Board, which Board shall be

chaired by the same Chairperson and it is the same

Chairperson who shall assign the cases between the

Boards. Cases should still be followed by the same Board

unless for a valid reason which shall be minuted in the

decision of the Board to transfer the case. The Boards shall

meet on different days. The Additional Board shall be

constituted and shall follow the same procedures in

accordance with the provisions of this Act.";

(b) in sub-article (3) thereof, the words "as a member."

shall be substituted by the words "as a member:" and

immediately thereafter there shall be added the following new

proviso

"Provided that a person shall not qualify or shall be

removed from such Board should it have been established

by any Authority or a Board of Inquiry that such person

had not safeguarded the interest of minors."; and

(c) in sub-article (5) thereof, the word "five" shall be

substituted by the word "four" and immediately after the word

"majority" there shall be added the words "and in case of a tie, the

Chairperson shall exercise a casting vote".

19. The proviso to sub-article (3) of article 32 of the principal Act Amendment of

article 32 of the

shall be substituted by the following new proviso

principal Act.

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

Board shall convene in the places established according to article

15 or in that place that is considered as offering a secure and

adequate environment for the minor.".

20. In sub-article (8) of article 36 of the principal Act, the words Amendment to

"and the Chief Executive Officer may also limit the exercise of those article

principal Act.

powers by the Director (Alternative Care)" shall be deleted.

21. In articles 24, 36, 37(c) where there are the words "complaints

against the Agency" , 37(f), 38, 39, 40, 42, 44, 49, 50, 51, 52, 53, 55, 56,

57, 58, 59, 61, 62, 76 and 78 of the principal Act, the word "Agency",

wherever it occurs, shall be substituted by the words "Director

Alternative Care (Children and Youths)".

In sub-article (3) of article 49 of the principal Act, the words

"and he may not deny the entry of the social worker in his ordinary

residence" shall be substituted by the words ". Denying entry of the

social worker in his ordinary residence may constitute sufficient

ground for the rejection of his application.".

In article 50 of the principal Act, the word "pairing" shall be

substituted by the word "matching".

In sub-article (4) of article 52 of the principal Act, the word

"prospective" shall be deleted.

In paragraph (a) of article 53 of the principal Act immediately

after the words "interests of the minor" there shall be added the words

", as long as this does not endanger or threaten the safety of the foster

carers or of the alternative carers".

Paragraph (a) of sub-article (1) of article 55 of the principal

Act shall be substituted by the following new paragraph

"(a) match foster carers with minors who are to be placed

under foster care in accordance with article 50;".

Article 68 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, the words "and custody of

another person or entity, such other person or entity shall notify

the Director (Alternative Care) of such proposal." shall be

substituted by the words "and custody of another person, not

being a relative, or entity, such other person or entity shall notify

the Director Alternative Care (Children and Youths) of such

proposal:" and immediately thereafter there shall be added the

following new proviso

"Provided that if the proposed placement is

with a relative, the obligation under this article shall arise

if the proposed placement is for a period exceeding two (2)

months or if the minor has been under their care for two (2)

months or more.";

(b) in sub-article (2) thereof, the words "care and

custody" shall be substituted by the words "needs and well-

being";

(c) in sub-article (5) thereof, the words "the care and

custody of" shall be substituted by the words "looking after";

(d) in sub-article (6) thereof, the words "Director

(Protection of Minors)" shall be substituted by the words

"Director Alternative Care (Children and Youths)";

(e) in the proviso to sub-article (9) thereof, the words

"the care and custody of the minor shall remain entrusted to the

person or entity to which it had been entrusted" shall be

substituted by the words "the minor is to keep on residing and

being looked after by the entrusted person or entity."; and

(f) immediately after sub-article (9) thereof there shall

be added the following new sub-article

"(10) If the arrangement goes beyond the agreed care

plan, the Director Alternative Care (Children and Youths)

should assess whether to refer the case to the Director

(Child Protection) for the latter to evaluate whether to

apply to Court so that it may decree an appropriate

protection order for the minor.".

In sub-article (2) of article 81 of the principal Act, the words Amendment of

"of not less than six months and not exceeding one year or to a fine article

principal Act.

(multa) of not less than one thousand and five hundred euro (€1,500)

but not more than two thousand and five hundred (€2,500), or to both

such fine and imprisonment." shall be substituted by the words "of not

less than six (6) months and not exceeding three (3) 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:"

and immediately thereafter there shall be added the following new

proviso

"Provided that if following the abscondment, any

person takes the minor out of Malta or assists or in any way aids

or abets the minor to leave Malta, shall be guilty of an offence

and shall be liable, on conviction, to imprisonment for a term

from two (2) to four (4) years or to a fine (multa) of not less than

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

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

Immediately after article 87 of the principal Act there shall be Addition of new

articles to the

principal Act.

added the following new articles

88. The care and custody of those minors that is

vested in the Minister after a care order was issued for

their care and protection in terms of the Children and

Young Persons (Care Orders) Act shall now be entrusted

to the Director (Alternative Care) until and unless it is

decided that at the first review of each case, that it is in

the best interest of the minor that the care and custody is

entrusted to another person or entity

Provided that the care and custody of those

unaccompanied minors that is vested in the Minister after

a care order was issued for their care and protection in

terms of the Children and Young Persons (Care Orders)

Act shall now be entrusted to the Chief Executive Officer

of the Agency for the Welfare of Asylum Seekers.

89. Without prejudice to the provisions of this Act,

the Director (Child Protection) shall have ten (10)

working days from the coming into force of this

provision to file an application in the acts of each of the

cases applications pending before the Juvenile Court at

the time of the coming into force of this provision, to

request any amendments to the said applications or acts

filed for these to be brought in line with the provisions of

this Act as amended

Provided that the Juvenile Court shall hold a

sitting at the end of such period to review each of the

pending applications before it and regulate matters to be

brought in line with the provisions of this Act as

amended.

90. The freeing up for adoption of minors signed by

Freeing up for

the Minister prior to the coming into effect of this Act

shall be considered as being final and effective for all

intents and purposes of this Act.

91. Minors who have been in the care of foster

carers for five (5) or more years prior to the coming into

effect of this Act shall be exempted from the requirement

of three positive reports as required under article 54.

Such foster carers may proceed with the adoption of the

minor under their care in terms of article 54 after

informing the Director Alternative Care (Children and

Youths) in writing of their intention and a detailed report

is drawn up by the Director Alternative Care (Children

and Youths).".

CONSEQUENTIAL AMENDMENTS

The Juvenile Court Act shall be amended by the following

Amendments of

the Juvenile

Court Act.

(a)

article 3 thereof shall be amended by the following

(i) sub-article (2) thereof shall be substituted by

the following new sub-article

"(2) Without prejudice to sub-article (1), the

Juvenile Court shall have a twofold jurisdiction,

namely

(a) the Juvenile Court shall be deemed to

be a Court of Magistrates and shall have the same

jurisdiction with regard to the hearing of charges

against children and young persons which the

Court of Magistrates, as a court of criminal

judicature and as a court of inquiry, would, but for

the provisions of this Act, have

Provided that all the provisions of the

Criminal Code and of any other law applicable to

the Court of Magistrates shall, subject to the

provisions of this Act, apply to the Juvenile

Court

Provided further that judgments and

interlocutory decrees of the Juvenile Court shall

be subject to appeal in the same manner and

within the same time as would apply to judgments

and interlocutory decrees of the Court of

Magistrates as a court of criminal judicature;

(b) without prejudice to any previous

proceedings, the Juvenile Court shall be deemed

to be a Court of Magistrates with civil

competence and shall be deemed to have civil

jurisdiction with regard to the taking cognizance

of proceedings relating to children and young

persons in terms of the Minor Protection

(Alternative Care) Act."; and

(ii)

sub-articles (3) and (4) thereof shall be deleted;

and

(b) in sub-article (2) of article 4 thereof, immediately

after the words "before it," there shall be added the words

"except for the proceedings filed in terms of article 3(2)(b)".

Passed by the House of Representatives at Sitting No. 464 of the

24th May, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.98