ACT No. XI of 2023 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

29th March, 2023

ACT No. XI of 2023

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:-

(1) The short title of this Act is the Minor Protection

(Alternative Care) (Amendment) Act, 2023 and this Act shall be read

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

hereinafter referred to as "the principal Act".

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

Minister responsible for social policy and children’s rights may, by

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

for different provisions and, or purposes of this Act.

Article 2 of the principal Act shall be amended as follows

(a)

the definition "Agency" thereof shall be deleted;

(b)

the definition "concurrent plan" thereof shall be

deleted;

(c) in paragraph (b) of the definition "cross-border foster

care" thereof, the word "Agency" shall be substituted by the

words "Director Alternative Care (Children and Youths)";

(d) in the definition "key social worker" thereof, the

word "Agency" shall be substituted by the words "Director

(Child Protection) to investigate a report, or the social worker

appointed by the Director Alternative Care (Children and

Youths),";

(e) immediately after the definition "registered social

worker" thereof, there shall be added the following new

definition

" "Regulation (EU) 2016/679" means Regulation

(EU) 2016/679 of the European Parliament and of the

Council of 27 April 2016 on the protection of natural

persons with regard to the processing of personal data and

on the free movement of such data, and repealing

Directive 95/46/EC

(General

Data

Protection

Regulation);".

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a) in the proviso to sub-article (1) thereof, the words "a

report from a medical professional" shall be substituted by the

words "a report from a professional" and the words "opinion of

said medical professional" shall be substituted by the words

"opinion of said professional";

(b)

sub-article (2) thereof shall be amended as follows

(i) in paragraph (e) thereof, the word "and" shall

be deleted;

(ii) in paragraph (f) thereof, the words "significant

harm." shall be substituted by the words "significant harm;"

and immediately thereafter there shall be added the

following new paragraphs

"(g) retain and update the Register for the

protection of minors in terms of the Protection of

Minors (Registration) Act; and

(h) process requests for and issue

Certificates of Clean Conduct in relation to Abuse

of Minors according to the information retained in

the Register established in the Protection of

Minors (Registration) Act.".

In the Maltese version only, article 6 of the principal Act shall Amendment of

article 6 of the

be amended as follows

principal Act.

(a) in sub-article (2) thereof, the words "u l-progress li

jsir minn laqgħa għal oħra għandu jkun ikkontrollat mid-Direttur

għall-Ħarsien tat-Tfal" shall be substituted by the words "u l-

progress li jsir minn laqgħa għal oħra għandu jkun sorveljat mid-

Direttur għall-Ħarsien tat-Tfal";

(b) in the proviso to sub-article (4) thereof, the word

"rikjesta" shall be substituted by the word "talba".

In the Maltese version only, the proviso to article 8 of the

principal Act shall be substituted by the following proviso

"Iżda d-Direttur għall-Ħarsien tat-Tfal jista’ jiddelega l-

eżerċizzju ta’ tali rappreżentanza lil uffiċjali oħra.".

Immediately after article 8 of the principal Act, there shall be

added the following new article

The functions of the Director (Child

"Maintenance of

the Protection of

Protection) as Registrar in terms of the Protection of

Minors Register.

Minors (Registration) Act, shall include the following

(a) to securely maintain and keep up-to-

date the Register in terms of the Protection of

Minors (Registration) Act;

(b) to update the Register following

orders issued by the Courts and Tribunals of

Malta or by any other competent court;

(c) to process requests for the issue of

Certificates of Clean Conduct in relation to Abuse

of Minors;

(d) to take all those necessary measures to

keep the Register secure in terms of the Data

Protection Act;

(e) to request information from entities in

relation to the maintenance of the Register

established in the Protection of Minors

(Registration) Act;

(f) to request information from relevant

entities and other employers regarding the nature

of work that will be expected from an applicant;

(g) to liaise with any relevant entity to

take the necessary action under the Protection of

Minors (Registration) Act when information

regarding an individual was not brought to the

attention of the entity by the said individual,

which information requires action by the relevant

entity

Provided that this communication

shall be limited to the information provided and

shall not constitute a breach of the provisions

under the Professional Secrecy Act and, or the

Data Protection Act.".

7. The proviso to sub-article (4) of article 10 of the principal Act Amendment of

article 10 of the

shall be substituted by the following new proviso

principal Act.

"Provided that said period may, for good reason and

due to the particular circumstances of the case, be extended by

the Director (Child Protection) for an additional period of sixty

(60) working days.".

8. Article 11 of the principal Act shall be amended as follows

Amendment of

article 11 of the

principal Act.

(a) the word "may" shall be substituted by the words

"shall have the power to";

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

following new paragraph

"(c) request any relevant information from any

person as may be strictly required for the purpose of the

investigation;".

Immediately after article 11 of the principal Act there shall be Addition of new

article 11A to

added the following new article

the principal

Act.

(1) The Director (Child Protection) shall be

"Power of Director

entitled to request and receive the name, address and, or

information related

contact number of a subscriber or registered user from a

service provider of publicly available electronic

communication services or of a public communications

network where this information is strictly necessary for

the purpose of enabling the Director (Child Protection)

to exercise his functions and responsibilities pursuant to

the Act.

(2) The requests made by the Director (Child

Protection) pursuant to sub-article (1) shall be duly

documented and reasoned. The data protection officer

shall be consulted and involved in a timely manner in

order to monitor compliance with Regulation (EU)

2016/679.

(3) The Director (Child Protection) shall

implement appropriate technical and organisational

measures and procedures to ensure a high level of

confidentiality and data security in relation to the

processing of personal data pertaining to natural

persons.".

10. Article 12 of the principal Act shall be amended as follows

(a)

in sub-article (3) thereof

(i) in the Maltese version only, in paragraph (d)

thereof, the word "eżamijiet" shall be substituted by the

word "testijiet";

(ii) in the Maltese version only, paragraph (e)

thereof, shall be substituted by the following new

paragraph

"(e) korsijiet bil-għan li jtejbu l-ħiliet tal-

ġenituri tal-minuri;";

(iii) immediately after paragraph (g) thereof, there

shall be added the following new paragraph

"(ga) if necessary, the temporary placement of

the minor in alternative care in accordance with

article 68(12) of this Act;";

(b) in sub-article (4) thereof, the words "Upon signature,

the Director (Child Protection) shall appoint a key social worker or

may notify the Director Alternative Care (Children and Youths)"

shall be substituted by the words "Upon signature, the Director

(Child Protection) may appoint a key social worker and shall

notify the Director Alternative Care (Children and Youths)".

11. In the Maltese version only, in sub-article (1) of article 13 of

the principal Act, the words "jlaqqa’ dawk kollha il-professjonisti"

shall be substituted by the words "jlaqqa’ dawk il-professjonisti

Immediately after article 17 of the principal Act there shall be Addition of new

article 17A to

added the following new article

the principal

Act.

"17A. In all proceedings before the Court, the Court

"Representation of

all parties before

shall ensure that all parties are duly represented before

proceeding to hear the parties and, or their evidence and

shall proceed to appoint curators to represent parties

that cannot be traced, located, found and notified or are

incapable of standing as parties in the proceedings, and

this as provided in the proviso to article 24(4) of this

Act.".

Article 18 of the principal Act shall be amended as follows

Amendment of

article 18 of the

principal Act.

(a)

in sub-article (7) thereof

(i) in the Maltese version only, the words "aktar

tard minn xahrejn (2) mid-data tal-ewwel smigħ ta’ dik is-

seduta" shall be substituted by the words "aktar tard minn

xahrejn (2) mid-data ta’ dik is-seduta";

(ii) the words "shall prepare a plan by such date"

shall be substituted by the words "shall, in the meantime, till

such date, prepare a care plan";

(iii) in the proviso thereof, the words "to,

determine" shall be substituted by the words "to

determine";

(b) in the Maltese version only, in sub-article (8) thereof,

the words "minnufih innotifikat" shall be substituted by the

words "minnufih notifikat";

(c) in sub-article (9) thereof, the words "within two

months by authorising" shall be substituted by the words "within

two (2) months from the last sitting by authorising", and

immediately thereafter there shall be added the following new

sub-article

"(10) When the Court issues a welfare care order of a

minor in accordance with this Act, the Police shall be

informed by the Director (Child Protection), so that the

minor protected by the same welfare care order shall be

listed on the Schengen Information System (SIS) and said

minor shall be allowed to travel out of Malta and back to

Malta only with the written consent of the person or entity

vested with his care and custody, in accordance with

Article 32 of Regulation (EU) 2018/1862 of the European

Parliament and of the Council of 28 November 2018 on the

establishment, operation and use of the Schengen

Information System (SIS) in the field of police cooperation

and judicial cooperation in criminal matters, amending and

repealing Council Decision 2007/533/JHA, and repealing

Regulation (EC) No 1986/2006 of the European Parliament

and of the Council and Commission Decision 2010/261/

EU.".

Article 19 of the principal Act shall be amended as follows

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

words "care and protection" there shall be added the words "or

has been deemed to be in need of permanency as provided for in

this Act";

(b) in sub-article (3)(b) thereof, the word "disabled" shall

be substituted by the words "has a disability".

Article 20 of the principal Act shall be amended as follows

(a) in the Maltese version only, in sub-article (4) thereof,

the words "jkun fih tifsira qasira iżda ċara tal-fatti tal-każ" shall

be substituted by the words "jkun fih rendikont qasir iżda ċar tal-

fatti tal-każ";

(b) immediately after sub-article (12) thereof, there shall

be added the following new sub-article

"(12A) 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 in a sitting held for such purpose

Provided that all reasonable efforts shall be

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

however for good reason, the Court may continue to hear

the evidence in subsequent sittings.";

(c) in sub-article (13) thereof, the words "and all the

evidence," shall be substituted by the words ", all the evidence

and when necessary the submissions of the parties," and

immediately after sub-article (13) as amended, there shall be

added the following new proviso

"Provided that if necessary, the Court may

adjourn the case to another date within two (2) months

from the date of that hearing to give such decision:";

(d) in the existing proviso to sub-article (13) thereof,

immediately after the word "Provided" there shall be added the

word "further".

Immediately after sub-article (4) of article 23 of the principal Amendment of

article 23 of the

Act, there shall be added the following new sub-article

principal Act.

"(5) When the Court issues a decree as mentioned in sub-

article (1), it shall order that a copy of the decree be notified to

all the parties, including the Directorates, the Children’s

Advocate, the parent or parents of the minor depending on the

circumstances of the case, the tutor and, or curator if applicable

and the Review Board.".

Article 24 of the principal Act shall be amended as follows

Amendment of

article 24 of the

principal Act.

(a) in the Maltese version only, in sub-article (2) thereof,

the words "tad-Direttur" shall be substituted by the words "mid-

Direttur";

(b) in sub-article (4) thereof, the words "to file their

reply." shall be substituted by the words "to file their reply:" and

immediately thereafter there shall be added the following new

proviso

"Provided that when the Court has three

negative certificates of service in accordance with

article 187 and 188 of the Code of Organization and

Civil Procedure and, or it is not possible for the parent

or parents, depending on the circumstances of the case,

to be traced, located or found or are incapable of being

parties to the proceedings, the Court shall proceed to

appoint curators in accordance with article 930 of the

Code of Organization and Civil Procedure to represent

the interests of the parent or parents of the minor

depending on the circumstances of the case. The

procedure of issue of banns as required by article 931

of the Code of Organization and Civil Procedure shall

not hinder the hearing.";

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

(3)" shall be substituted by the words "in sub-article (4)";

(d) immediately after sub-article (8) thereof, there shall

be added the following new sub-article

"(9) Any aggrieved party may file an appeal in

accordance with article 66 of this Act.".

Fil-proċeduri kollha tal-Qorti, il-Qorti għandha

"Rappreżentazzjoni

tal-partijiet kollha

taċċerta li l-partijiet kollha huma debitament

quddiem il-Qorti.

rappreżentati qabel ma l-Qorti tgħaddi sabiex tisma’ lill-

partijiet u, jew l-evidenza tagħhom u għandha tipproċedi

bil-ħatra ta’ kuraturi sabiex jirrappreżentaw lill-partijiet

li ma jistgħux jiġu intraċċati, lokalizzati, misjuba u

notifikati jew ma jistgħux jidhru fil-proċeduri bħala

partijiet, u dan kif jipprovdi l-proviso tal-artikolu 24(4)

ta’ dan l-Att.".

13. L-artikolu 18 tal-Att prinċipali għandu jiġi emendat kif ġej

(a) fis-subartikolu (7) tiegħu

(i) il-kliem "aktar tard minn xahrejn (2) mid-data

tal-ewwel smigħ ta’ dik is-seduta" għandhom jiġu

sostitwiti bil-kliem "aktar tard minn xahrejn (2) mid-data

ta’ dik is-seduta";

(ii) il-kliem "għandu jipprepara pjan ta’ ħarsien sa

dik id-data" għandhom jiġu sostitwiti bil-kliem "għandu, fil-

frattemp, sa dik id-data, jipprepara pjan ta’ ħarsien";

(iii) fil-proviso tiegħu l-kliem "sabiex, tistabbilixxi"

għandhom jiġu sostitwiti bil-kliem "sabiex tistabbilixxi";

(b) fis-subartikolu (8) tiegħu l-kliem "minnufih

innotifikat" għandhom jiġu sostitwiti bil-kliem "minnufih

notifikat";

(ċ) fis-subartikolu (9) tiegħu l-kliem "fi żmien xahrejn

mill-preżentata tiegħu billi tawtorizza" għandhom jiġu sostitwiti

bil-kliem "fi żmien xahrejn (2) mill-aħħar seduta billi tawtorizza",

u minnufih wara għandu jiġi miżjud is-subartikolu ġdid li ġej

"(10) Meta l-Qorti toħroġ ordni ta’ ħarsien għall-

benesseri ta’ minuri skont id-dispożizzjonijiet ta’ dan l-Att,

il-Pulizija għandhom jiġu infurmati mid-Direttur għall-

Ħarsien tat-Tfal, sabiex il-minuri protett b’dak l-istess

ordni ta’ ħarsien għall-benesseri tiegħu jitniżżel fis-

Sistema ta’ Informazzjoni Schengen (SIS) u dak il-minuri

jitħalla jivjaġġa ’l barra minn Malta u jidħol lura Malta biss

meta jkun hemm il-kunsens bil-miktub tal-persuna jew l-

entità vestita bil-kura u kustodja tiegħu, skont l-Artikolu 32

tar-Regolament (UE) 2018/1862 tal-Parlament Ewropew u

tal-Kunsill tat-28 ta’ Novembru 2018 dwar l-istabbiliment,

it-tħaddim u l-użu tas-Sistema ta’ Informazzjoni ta’

Schengen (SIS) fil-qasam tal-kooperazzjoni tal-pulizija u l-

kooperazzjoni ġudizzjarja fi kwistjonijiet kriminali, li

temenda u tħassar id-Deċiżjoni tal-Kunsill 2007/533/ĠAI,

u li tħassar ir-Regolament (KE) Nru 1986/2006 tal-

Parlament tal-Ewropa u tal-Kunsill u d-Deċiżjoni tal-

Kummissjoni 2010/261/UE.".

14. L-artikolu 19 tal-Att prinċipali għandu jiġi emendat kif ġej

Emenda tal-

artikolu 19 tal-

Att prinċipali.

(a) fis-sub-artikolu (1)(a)(i) tiegħu, minnufih wara l-

kliem "ħarsien u protezzjoni" għandhom jiġu miżjuda l-kliem

"jew li jkun meqjus li għandu bżonn permanenza skont kif

provdut f’dan l-Att";

(b) fis-subartikolu (3)(b) tiegħu l-kelma

"diżabbli"

għandha tiġi sostitwita bil-kliem "għandu diżabbiltà".

15. L-artikolu 20 tal-Att prinċipali għandu jiġi emendat kif ġej

Emenda tal-

artikolu 20 tal-

Att prinċipali.

(a) fis-subartikolu (4) tiegħu l-kliem "jkun fih tifsira

qasira iżda ċara tal-fatti tal-każ" għandhom jiġu sostitwiti bil-

kliem "jkun fih rendikont qasir iżda ċar tal-fatti tal-każ";

(b) minnufih wara s-subartikolu (12) tiegħu għandu jiġi

miżjud is-subartikolu ġdid li ġej

"(12A) Meta l-ġenitur jew ġenituri tal-minuri, skont

iċ-ċirkostanzi tal-każ, jew il-kuratur ad litem tagħhom,

iħossu li jistgħu jirribattu l-allegazzjonijiet fil-konfront

tagħhom permezz tal-produzzjoni ta’ xhieda u

sottomissjonijiet, huma għandhom jitħallew iħarrku x-

xhieda jew iressqu kwalunkwe tip ta’ prova jew

sottomissjoni oħra rilevanti f’seduta li tinżamm għal dan

il-għan

Iżda għandu jsir kull sforz raġonevoli sabiex il-

Qorti tisma’ l-provi kollha f’dik is-seduta, iżda għal raġuni

tajba, il-Qorti tista’ tkompli tisma’ l-provi f’seduti

sussegwenti.";

(ċ) fis-subartikolu (13) tiegħu l-kliem "u x-xhieda

kollha," għandhom jiġu sostitwiti bil-kliem ", l-evidenza kollha u

fejn neċessarju s-sottomissjonijiet tal-partijiet," u minnufih wara

s-subartikolu (13) kif emendat, għandu jiġi miżjud il-proviso

ġdid li ġej

"Iżda jekk neċessarju, il-Qorti tista’ tiddiferixxi l-każ

għal data oħra, li ma tkunx aktar tard minn xahrejn (2) mid-data ta’

dik is-seduta sabiex tagħti d-deċiżjoni tagħha:";

(d) fil-proviso eżistenti tas-subartikolu (13) tiegħu,

minnufih wara l-kelma "Iżda" għandha tiġi miżjuda l-kelma

"wkoll".

16. Minnufih wara s-subartikolu (4) tal-artikolu 23 tal-Att

prinċipali għandu jiġi miżjud is-subartikolu ġdid li ġej

"(5) Meta l-Qorti toħroġ digriet kif imsemmi fis-

subartikolu (1), għandha tordna illi kopja tad-digriet tiġi

notifikata lill-partijiet kollha inkluż id-Direttorati, l-Avukat tat-

Tfal, il-ġenitur jew ġenituri tal-minuri skont iċ-ċirkostanzi tal-

każ, it-tutur u, jew il-kuratur jekk applikabbli u l-Bord ta’

Reviżjoni.".

17. L-artikolu 24 tal-Att prinċipali għandu jiġi emendat kif ġej

(a) fis-subartikolu (2) tiegħu l-kliem "tad-Direttur"

għandhom jiġu sostitwiti bil-kliem "mid-Direttur";

(b) fis-subartikolu (4) tiegħu l-kliem "għall-preżentata tar-

risposta tagħhom." għandhom jiġu sostitwiti bil-kliem "għall-

preżentata tar-risposta tagħhom:" u minnufih wara għandu jiġi

miżjud il-proviso ġdid kif ġej

"Iżda meta l-Qorti jkollha quddiemha tliet (3)

riferti negattivi skont l-artikolu 187 u 188 tal-Kodiċi

ta’ Organizzazzjoni u Proċedura Ċivili u, jew ma jkunx

possibbli li l-ġenitur jew ġenituri skont iċ-ċirkostanzi

tal-każ, jiġu intraċċati, lokalizzati jew misjuba jew ma

jistgħux jkunu parti fil-kawża, il-Qorti għandha

tgħaddi sabiex taħtar kuraturi skont l-artikolu 930 tal-

Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili sabiex

jirrappreżentaw l-interessi tal-ġenitur jew ġenituri tal-

minuri skont iċ-ċirkostanzi tal-każ. Il-proċedura tal-

ħruġ tal-bandi kif meħtieġa skont l-artikolu 931 tal-

Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili ma

għandhiex ixxekkel is-smigħ.";

(ċ) fis-subartikolu (5) tiegħu l-kliem "fis-subartikolu

(3)" għandhom jiġu sostitwiti bil-kliem "fis-subartikolu (4)";

(d) minnufih wara s-subartikolu (8) tiegħu għandu jiġi

miżjud is-subartikolu ġdid li ġej

"(9) Kwalunkwe parti li tħossha aggravata tista’

tippreżenta appell skont l-artikolu 66 ta’ dan l-Att.".

In the Maltese version only, in the proviso to sub-article (2) of

article 25 of the principal Act, the words "tfal migranti" shall be

substituted by the words "migranti li jkunu tfal".

Article 31 of the principal Act shall be amended as follows

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

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

and the proviso thereof shall be deleted;

(b) immediately after sub-article (2) thereof as amended,

there shall be added the following new sub-article

"(2A) Should the exigency arise, the Minister may

appoint an Additional Board or Boards, which Board or

Boards shall be constituted and shall follow the same

procedures in accordance with the provisions of this

Act

Provided that should an Additional Board be

constituted, the Boards shall have, as much as possible,

an approximate equal workload of cases

Provided further that once the cases have been

assigned and the Boards are hearing the revisions,

cases shall be followed by the same Board.";

(c) in the Maltese version only, in the proviso to the sub-

article (3) thereof, the words "jekk tkun instabet" shall be

substituted by the words "jekk ikun instab".

Article 32 of the principal Act shall be amended as follows

(a)

in sub-article (2) thereof

(i) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) the making of periodical revisions to the

care plan and the making of decisions on the

modifications to the care plan as and when

necessary;";

(ii)

paragraph (e) thereof shall be deleted;

(iii) immediately after paragraph (g) thereof, there

shall be added the following new paragraphs

"(h) the making of decisions in case of

disagreements when there is a placement of a minor

in alternative care during a social contract in

accordance with the provisions of this Act, including

on matters relating to the psychological and

therapeutic needs of the minor and the making of

decisions whether to terminate such placement or not

and such decisions shall always be taken in the best

interests of the minor;

(i) the making of decisions in relation to the

suspension of contact for a period longer than a

month in accordance with article 36A(1)(j) of this

Act, which decision is to be notified to all interested

parties.";

(b) in the Maltese version only, in the proviso to sub-

article (3) thereof, the word "adattat" shall be substituted by the

word "xieraq".

Article 33 of the principal Act shall be amended as follows

Amendment of

article 33 of the

principal Act.

(a)

in sub-article (1) thereof

(i) the words "of the protection order for the

minor, and subsequent revisions shall be made at least once

every six months thereafter" shall be substituted by the

words "when the Board receives the copy of the final

decision as provided in article 18(9), and subsequent

revisions shall thereafter be made at least once a year";

(ii) in the first proviso thereof, the words "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" shall be substituted by the words " the one year term

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

significant harm as a result of the care plan or due to a need

of the minor meriting such review to ensure the minor’s

wellbeing";

(b) in sub-article (2) thereof, the words "a concurrent

plan for the minor with the Review Board during the first

revision. Said plan shall", shall be substituted by the words "an

update and, or review of the care plan for the minor with the

Review Board during the revisions by the Board. Said reviewed

care plan shall";

(c) in sub-article (6) thereof, the words "the key social

worker had filed the concurrent plan with the Review Board,"

shall be substituted by the words "the Board held the first

revision of the care plan within the first four (4) months in

accordance with articles 33(1) of this Act,";

(d)

in sub-article (7) thereof

(i) in the first proviso thereof, the words

"recommend to the Court that the alternative permanency

plan is to come into effect" shall be substituted by the

words "determine that it will proceed before the Court with

a recommendation to have the alternative permanency plan

come into effect";

(ii) in the second proviso thereof, the words "best

interests of the minor:" shall be substituted by the words

"best interests of the minor." and the third and last proviso

thereof shall be deleted;

(e) immediately after sub-article (7) thereof as amended,

there shall be added the following new sub-article

"(7A) The Review Board shall notify all interested

parties with its determination to proceed with the re-

integration of the minor or to proceed before the Court with

the recommendation for the alternative permanency plan.

The Review Board shall also invite the parties to

communicate to the Review Board their disagreement, if

any, with such decision and reasons supporting such

disagreement within a given timeframe. Upon the lapse of

such timeframe, the Review Board shall proceed before the

Court, putting forward its determination as well as any

disagreeing positions received and the Court shall proceed

to confirm, revoke or vary the determination of the Review

Board.";

(f)

sub-article (8) thereof shall be substituted by the

following new sub-article and proviso

"(8) Prior to pronouncing its final decision, the

Court may appoint a hearing within ten (10) working

days to hear the views of every person it deems

necessary in the circumstances, and in particular the

views of the minor if he is deemed to have sufficient

understanding

Provided that if the Review Board indicates to

the Court that notification to an interested party has not

been possible despite attempts by the Review Board or

it is not possible for the parent or parents of the minor,

depending on the circumstances of the case, to be

traced, located or found or are incapable of being

parties to the proceedings, the Court shall proceed to

appoint curators in accordance with article 930 of the

Code of Organization and Civil Procedure to represent

the interests of that party. The procedure of issue of

banns as required by article 931 of the Code of

Organization and Civil Procedure shall not hinder the

hearing.".

(g)

sub-articles (9) and (10) thereof shall be deleted;

(h) immediately after sub-article (10) thereof as deleted,

there shall be added the following new sub-articles

"(11) When the Court issues a decision as

mentioned in sub-article (8), it shall order that a copy

of the decree is to be notified to all the parties including

the Directorates, the Children’s Advocate, the parent or

parents of the minor depending on the circumstances of

the case, the tutor and, or curator if applicable and the

Review Board.

(12) Any aggrieved party may file an appeal in

accordance with article 66 of this Act.".

Immediately after sub-article (3) of article 34 of the principal Amendment of

article 34 of the

Act, there shall be added the following new sub-article

principal Act.

"(4) When the key social worker, the parent or parents of

the minor, or if applicable the tutor and, or curator, feel

aggrieved by the decision of the Review Board, any one of them

may, within fifteen (15) working days, request the Court to vary

or revoke the decision of the Review Board. The Court shall

proceed to determine this review in the same manner as provided

in article 33.".

Sub-article (6) of article 36 of the principal Act shall be

deleted.

Immediately after article 36, as amended, there shall be added

the following new articles

(1) Without prejudice to any other function

"Functions of the

Director

or responsibility given to the Director Alternative Care

Alternative Care

(Children and

(Children and Youths) in accordance with this Act or

Youths).

any other law, this Director shall

(a) match foster carers with minors who

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 her 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 36B and write a

report to be referred to the Fostering Board for

any required action;

(h) investigate any abuse allegations

related to foster care placements in accordance

with the manual or procedures referred to in

article 36B and submit a report to the competent

authority as may be required;

(i) regulate the frequency and modality

of contact between the minor in alternative care

and the parent or parents, depending on the

circumstances of the case, siblings, and, or any

other such person close to him in accordance with

article 63(3);

(j) suspend contact between the minor

and any person mentioned hereinabove in view of

grave circumstances, which suspension may not

be for a period longer than a month

Provided that should the Director

deem it necessary and, or in the best interest of

the minor to have a longer suspension from

contact, the Director shall inform the Review

Board of the circumstances that led to the

decision to suspend contact and the Board shall

decide accordingly, by not later than ten (10)

working days;

(k) carry out periodical assessment of the

family members of the minor in order to evaluate

progress according to the care plan of the minor

Provided that as part of this

assessment, the Director may be provided with

information, as may be reasonably required for

this purpose, by professionals and such

communication shall be protected by professional

secrecy

Provided further that as part of this

assessment, the Director may request the

competent authority to furnish it with

information, as may be reasonably required for

this purpose, relating to criminal proceedings

pending against the individuals being assessed;

(l) prepare, agree to, sign, and monitor a

social contract in accordance with the provisions

of this Act;

(m) grant or refuse permission for a minor

to travel with his alternative carers and the issuing

of an official document as proof of such

permission, when so granted

Provided that the Director shall

communicate immediately with the competent

authority about the minor’s consented trip in view

of article 18(10);

(n) regulate voluntary placements of

minors in alternative care in accordance with

article 68 of this Act;

(o) affect a change in placement of the

minor in alternative care according to the best

interest of the same minor

Provided that the Director shall

without delay inform the parent or parents

depending on the circumstances of the case as

well as the Review Board of such change in

placement;

(p) make recommendations to the

competent entity in accordance with the

provisions of this Act in relation to the

reintegration or permanency, the freeing up of the

minor for adoption and, or revocation of the

protection order, which recommendations shall

always be made in the best interests of the minor;

(q) delegate ordinary medical and

educational decisions of a minor to the alternative

carer or carers and the withdrawal of such

delegation, once vested with the care and custody

of the minor in alternative care by the Court;

(r) make extraordinary and urgent

medical decisions after seeking the advice of

medical professionals following the minor;

(s) make decisions relating to the

psychological needs of the minor in alternative

care including decisions relating to the minor

receiving therapy;

(t) undertake the necessary process for a

minor in alternative care to be transferred from

one school to another upon placement in

alternative care and, or a change in placement in

accordance with the best interests of the same

minor

Provided that the Director shall

without delay inform the parent or parents

depending on the circumstances of the case as

well as the Review Board of such change of

school;

(u) prepare an after care plan when

deemed necessary for a minor under a protection

order;

(v) perform any other function or duty as

the Minister may, by regulations under this Act,

assign to it from time to time.

(2) The Director Alternative Care (Children and

Youths) shall also have the following functions

(a) the provision of services in

accordance with standards, 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 Director Alternative Care (Children and

Youths) 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, including reports on any

foster carer or prospective foster carer;

(e) providing the Central Authority with

access to its accounts and audited accounts;

(f) the submission 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 Director Alternative Care (Children and

Youths) shall develop, update and fulfil the written

policies, procedures and manuals which are subject to

approval by the Central 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

Director Alternative Care (Children and Youths) 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 Director Alternative Care (Children

and Youths) 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

Director Alternative Care (Children and Youths) in

writing, order it to add other information to be

registered and kept in the registers mentioned in sub-

article (1).

The Director Alternative Care (Children and

Youths) 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.".

25. In the Maltese version only, in paragraph (ċ) of article 37 of

the principal Act the words "dwar kull ilment kontra d-Direttur" shall

be substituted by the words "dwar kull ilment fuq id-Direttur.

26. In the Maltese version only, in sub-article (11) of article 38 of

the principal Act, immediately after the word "jikkonsulta", there shall

be added the word "ma’".

27. In sub-articles (4) and (6) of article 40 of the principal Act, Amendment of

article 40 of the

the word "registered" shall be substituted by the word "tracked".

principal Act.

28. Article 44 of the principal Act shall be amended as follows

Amendment of

article 44 of the

principal Act.

(a) sub-article (2) thereof and its proviso shall be

substituted by the following new sub-article and proviso

"(2) The provisions of articles 36A(2) and 36B to

36E shall apply mutatis mutandis to every organisation

accredited by the Central Authority in accordance with this

article

Provided that articles 36B(c) and 36D(1)(c)

shall not apply to agencies accredited in accordance with

this article.";

(b) in the Maltese version only, sub-article (3) of article

44 of the principal Act, shall be substituted by the following new

sub-article

"(3) Aġenzija akkreditata tkun fl-obbligu li

tipprovdi lid-Direttur Kura Alternattiva (Tfal u Żgħażagħ)

dik l-informazzjoni fil-pussess tagħha, inkluż dwar foster

carers jew foster carers prospettivi, li tkun mitluba minnu

bil-għan li l-istess Direttorat jaqdi xi waħda mill-

funzjonijiet tiegħu skont dan l-Att.".

29. In sub-article (3) of article 45 of the principal Act, the word Amendment of

article 45 of the

"registered" shall be substituted by the word "tracked".

principal Act.

30. In sub-article (5) of article 51 of the principal Act the words Amendment of

"shall have three working days to object to said travelling so that the article

principal Act.

Review Board" shall be substituted by the words "shall have three (3)

working days to object to said travelling and the Review Board".

31. Article 54 of the principal Act shall be amended as follows

Amendment of

article 54 of the

principal Act.

(a) in sub-article (1) thereof, the words "under the care

and custody of" shall be substituted by the words "residing

with";

(b) in the proviso to sub-article (1) thereof, the words "in

the care and custody of " shall be substituted by the words

"residing with".

32. Sub-title II of Title V of Part II of the principal Act (Articles Deletion of Sub-

title II of Title V

55, 56, 57, 58 and 59) shall be deleted.

of Part II of the

principal Act.

33. In sub-article (8) of article 65 of the principal Act, the word

"registered" shall be substituted by the word "tracked".

34. In article 67 of the principal Act, wherever they occur, the

words "Director (Child Protection)" shall be substituted by the words

"Director Alternative Care (Children and Youths)".

35. Article 68 of the principal Act shall be amended as follows

(a)

in sub-article (1) thereof

(i) the words "place said minor under the care and

custody of" shall be substituted by the words "have said

minor reside with" and immediately after the words

"relative, or entity," there shall be added the words "for a

period exceeding two (2) months, the parents and, or";

(ii) in the proviso thereof, immediately after the

words "with a relative" there shall be added the words "not

being a brother or a sister, a grandfather and, or

grandmother, an aunt and, or an uncle";

(b) immediately after sub-article (10) thereof, there shall

be added the following new sub-articles

"(11) When the minor has been in the placement for a

period of two (2) years and the Director Alternative Care

(Children and Youths) determines that re-integration with

the parent or parents depending on the circumstances of the

case, is no longer possible or is not in the best interests of

the minor, the same Director may liaise with the Director

(Child Protection) so that, by application, they request the

Court to issue a protection order and the provisions of

articles 18 and 19 or 24 of this Act shall apply mutatis

mutandis.

(12) In accordance with article 12(3)(h), the

Director (Child Protection) may, in the course of the

investigation following a report, come to an agreement

with the parent or parents of a minor depending on the

circumstances of the case, that the minor is placed

temporarily in alternative care and a social contract shall

be agreed upon between the interested parties including the

Director Alternative Care (Children and Youths)

Provided that a copy of the agreed social

contract is to be communicated to the Review Board.

(13) Once the parties agree to such a social contract

that includes placing the minor in alternative care, the

termination of that placement shall only be possible in

accordance with the provisions of this Act.".

36. Immediately after article 68 of the principal Act, there shall Addition of new

articles to the

be added the following new articles

principal Act.

68A. (1) When a minor has been placed in

"Court orders under

alternative care following a court order under the

provisions of another law other than this Act, the

Director Alternative Care (Children and Youths) may,

by application before that court, request that a copy of

the acts leading to the court order to place the minor in

alternative care, and any subsequent variations to the

same order, be referred to the Court.

(2) In the same application, the Director

Alternative Care (Children and Youths) may also

request the Court to convert that court order into a

protection order in terms of articles 18 and 19 of this

Act and those provisions shall subsequently apply

mutatis mutandis.

PART IV bis

AFTER CARE

68B. (1) Young people in alternative care may

have their placement in alternative care, which

placement needs to be considered as one that offers a

family-life environment, extended even after attaining

the age of majority, if this is deemed to be in their best

interest and not contrary to the best interest of other

minors in the same placement

Provided that this extension should not exceed

the period until the young person attains the age of

twenty-one (21) years and provided that the same

young person had been residing in that same placement

for more than two (2) years before the attainment of the

age of majority.

(2) Prior to the extension of such placement, the

Director Alternative Care (Children and Youths) shall

carry out an assessment of the needs and wishes of the

young person that is approaching adulthood and of the

other residents. Moreover, an agreement has to be

reached with the professionals following the same

young person that this extension would be in the best

interest of the same young person, and with the young

person himself, which agreement is to be reflected in a

social contract to be signed by all the interested parties

Provided that if during the extension of the

placement, the young person is in breach of the

conditions set out in the social contract, that breach

shall bring about the termination of the placement.

Provided further that the placement may also

be terminated upon the expressed will of the young

person and if the actions of said young person are

deemed to be contrary to the best interests of the other

residents in the family-like environment.".

Immediately after article 73 of the principal Act, there shall

be added the following new article

73A. (1) Without prejudice to the provisions of

"The processing of

personal data by the

this

Act, Regulation (EU) 2016/679 and the Data

Protection Act, including the regulations made

thereunder shall apply to all functions and procedures

u nder this Act, and the fundamental rights and

freedoms of the data subjects shall be respected by each

and every entity.

(2) Relevant entities mentioned in this Act

including the Director (Child Protection), the Director

Alternative Care (Children and Youths), the Review

Board, the Fostering Board and the Board of Appeal, in

their capacity as data controllers shall process personal

data, including special categories of personal data, in

accordance with the data protection principles pursuant

to Article 5 of Regulation (EU) 2016/679.

(3) Taking into account the nature, scope, context

and purposes of the processing, the entities

abovementioned shall implement appropriate technical

and organisational measures to ensure a level of

security appropriate to the risk posed, and in particular

prevent unauthorised disclosure of, or unlawful access

to information pertaining to data subjects.

(4) Where the Director (Child Protection) and, or

the Director Alternative Care (Children and Youths)

processes information about data subjects pursuant to

their functions under this Act and for the purposes

which derive therefrom, the Director (Child Protection)

and, or the Director Alternative Care (Children and

Youths) may restrict the rights and obligations provided

for in Articles 14 to 20 and Article 34 of Regulation

(EU) 2016/679

Provided that such rights and

obligations shall only be restricted in those cases

where the restriction is considered as a necessary

and proportionate measure to enable the Director

(Child Protection) and, or the Director Alternative

Care (Children and Youths) to exercise their

functions pursuant to this Act

Provided further that the data

protection officer designated pursuant to Article

37 of Regulation (EU) 2016/679 shall, when

necessary, be consulted in a timely manner in the

entire process of applying the restriction.

(5) The Director (Child Protection) and, or the

Director Alternative Care (Children and Youths), shall

only apply the restriction referred to in sub-article (4)

for as long as the reasons justifying it remain applicable

following a necessity and proportionality test

Provided that such reasons justifying the

restriction shall be documented and made available to

the Information and Data Protection Commissioner

when and as required.

(6) Where the reasons for a restriction no longer

apply, the Director (Child Protection) and, or the

Director Alternative Care (Children and Youths) shall

lift the restriction and inform the data subject concerned

accordingly and comply with the rights and obligations

provided for in Articles 14 to 20 and Article 34 of

Regulation (EU) 2016/679.

(7) The Director (Child Protection) and, or the

Director Alternative Care (Children and Youths) shall

review on an annual basis the application of the

restriction referred to in sub-article (4) and depending

on the outcome of such review, inform the data subject

accordingly.

(8) For the purpose of safeguarding the rights and

freedoms of the data subjects, the following conditions

and safeguards shall apply to the information processed

in relation to the data subjects, which data shall be

subject to a restriction in terms of sub-article (4)

(a) the data protection officer of the

Foundation for Social Welfare Services shall keep

a register to record the restrictions applied by the

Director (Child Protection) and, or the Director

Alternative Care (Children and Youths) in

relation to the data protection requests made by

the data subjects. The register shall include the

details of the data subjects, the right requested to

be exercised, the purpose of the restriction and the

reason for justifying the restriction following the

exercise of a necessity and proportionality test.

The restriction of the obligation set forth in

Article 34 of Regulation (EU) 2016/679 shall also

be recorded in the register;

(b) data subjects shall be informed of the

restriction applied by the Director (Child

Protection) and, or the Director Alternative Care

(Children and Youths) in reply to their request to

exercise any of the rights in terms of Regulation

(EU) 2016/679, unless this may be prejudicial to

the purpose of the restriction

Provided that upon a request by the

Information and Data Protection Commissioner, the

Director (Child Protection) and, or the Director

Alternative Care (Children and Youths) shall clearly

demonstrate the prejudice that they would suffer.

(9) Records and documentation kept and stored by

the Director (Child Protection) and, or the Director

Alternative Care (Children and Youths) shall be kept

according to the retention policy of the respective

Directorate. Once this time period would have elapsed,

data shall be disposed of according to the Data

Protection Act.

Passed by the House of Representatives at Sitting No. 107 of the

27th March, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.34