CHILDREN AND YOUNG PERSONS (CARE ORDERS) ACT

CHILDREN AND YOUNG PERSONS (CARE ORDERS)

CHAPTER 285 *

CHILDREN AND YOUNG PERSONS

(CARE ORDERS) ACT

To make provision for the care of children and young persons.

8th August, 1980;

29th November, 1985

ACT XVIII of 1980 , as amended by Acts XIII of 1983 and XIII of

2002 ; Legal Notice 423 of 2007 ; Act XXXIII of 2014 and II of 2019

The short title of this Act is the Children and Young

Persons (Care Orders) Act.

In this Act -

"Board" means the Children and Young Persons Advisory Board

set up under article 11;

"child or young person" means a person who is under the age of

sixteen years;

"guardian" means a tutor or curator and includes a guardian in

fact;

"Minister" means the Minister responsible for social welfare.

† 3. (1) Where any child or young person is found guilty of an

offence by or before any court of criminal jurisdiction, and in the

opinion of the said court -

(a) none of the other methods in which the case may be

dealt with according to law is suitable; and

(b) the child or young person is in need of care or control

which he is unlikely to receive unless the court makes

an order under this article in respect of him,

that court may, in lieu of sentencing him to imprisonment or

dealing with him in any other manner available according to law,

make an order committing him to the care of the Minister for a

period of not less than one year and not more than five years

Provided that an order made under this sub-article shall,

unless it has ceased to have effect earlier, cease to have effect on

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

order is made attains the age of eighteen years.

(2) An order made under subarticle (1) shall be subject to

appeal in the same manner and within the same time as would apply

to a sentence passed by the court making the order.

(3) If, on an application of the Minister, it appears to the court

which has made an order under subarticle (1) in respect of a child

*Repealed by Act XXIII of 2019.

†See article 14 (Trans. Prov.) of the Act as originally enacted, which article has been

omitted under the Statute Law Revision Act, 1980.

CHILDREN AND YOUNG PERSONS (CARE ORDERS)

or young person that it is appropriate to discharge the order, the

court may so discharge the order.

(4) Article 25 of the Probation Act shall mutatis mutandis apply

to any finding of guilty in respect of which an order is made

placing the child or young person in the care of the Minister.

# (1) Meta xi tifel jew żagħżugħ jinstab ħati ta’ reat minn

jew quddiem xi qorti ta’ ġurisdizzjoni kriminali, u fil-fehma tal-

imsemmija qorti -

(a) ebda wieħed mill-metodi l-oħra dwar x’jista’jsir bil-

każ skond il-liġi ma jkun xieraq; u

(b) it-tifel jew iż-żagħżugħ ikun jinħtieġ ħarsien jew

kontroll li x’aktarx ma jkunx ser jirċievi kemm-il

darba l-qorti ma tagħmilx ordni taħt dan l-artikolu

dwaru,

dik il-qorti tista’, minflok li tikkundannah għal priġunerija jew

tipprovdi dwaru b’xi mod ieħor skond il-liġi, tagħmel ordni li bih

jitqiegħed taħt il-ħarsien tal-Ministru għal żmien ta’ mhux inqas

minn sena u mhux iżjed minn ħames snin

Iżda ordni magħmul taħt dan is-subartikolu għandu, kemm-

il darba ma jkunx waqaf l-effett tiegħu qabel, jieqaf milli jkollu

effett fid-data li fiha t-tifel jew iż-żagħżugħ li dwaru jsir l-ordni

jilħaq l-età ta’ tmintax-il sena.

(2) Ordni magħmul taħt is-subartikolu (1) ikun suġġett għal

appell bl-istess mod u matul l-istess żmien bħalma hi sentenza

mogħtija mill-qorti li tagħmel l-ordni.

* Imħassar bl-Att XXIII tal-2019 .

#Ara l-artikolu 14 (Disp. Trans.) tal-Att kif oriġinarjament promulgat, liema

artikolu ġie mħolli barra taħt l- Att tal-1980 dwar ir-Reviżjoni tal-Liġijiet Statutarji .

TFAL U ŻGĦAŻAGĦ

(ORDNIJIET GĦALL-ĦARSIEN)

(3) Jekk, fuq ir-rikors tal-Ministru, fil-fehma tal-qorti li tkun

għamlet ordni taħt is-subartikolu (1) dwar tifel jew żagħżugħ ikun

xieraq li dak l-ordni għandu jintemm, il-qorti tista’ ttemm dak l-

ordni.

(4) L-artikolu 25 tal-Att dwar il-Probation għandu japplika

mutatis mutandis għal kull tifel jew żagħżugħ li jinstab ħati u li

dwaru jkun ħareġ ordni biex jitqiegħed taħt il-ħarsien tal-Ministru.

(1) If, on representations made to him in writing by the

Chief Executive Officer of the Social Care Standards Authority and

after giving the parents and the guardian, if any, of the child or

young person an opportunity to express their views, and after

hearing any other person he may deem likely to assist him, the

Minister is satisfied that that child or young person is in need of

care, protection or control, it shall be the duty of the Minister by an

order in writing under his hand to take such child or young person

into his care.

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

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

exercising paternal authority over the child or young person, or to

his guardian, if any, who shall be asked to state to the Chief

Executive Officer of the Social Care Standards Authority within

twenty-one days from the date of receipt of the said letter, whether

he objects to the said order.

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

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

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

Officer of the Social Care Standards Authority shall, not later than

seven days from the date on which he shall have become aware of

the objection, refer the case to the Juvenile Court in such manner as

shall be prescribed by regulations made under article 13.

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

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

as shall be prescribed by regulations made under article 13, review

the whole case and decide whether the child or young person is in

need of care, protection or control and shall accordingly confirm or

revoke the order made under sub-article (1).

(5) If the Juvenile Court confirms the order made under sub-

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

four months following such confirmation, request the Juvenile

Court to review the order. Such a request shall be made by means of

a registered letter to the Chief Executive Officer of the Social Care

Standards Authority. The Chief Executive Officer of the Social

Care Standards Authority shall, not later than seven days from the

date of the receipt of such letter, refer the case to the Juvenile Court

in the same manner as prescribed by the regulations made under

article 13, so however that the said Court shall give its decision

about the said reference within twenty-one days from when it is

made to it.

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

to have effect earlier, cease to have effect on the date on which the

child or young person in respect of whom the order is made attains the

age of eighteen years.

CHILDREN AND YOUNG PERSONS (CARE ORDERS)

If, on representations made to him by any person, even

orally, the Minister is satisfied -

(a) that a child or young person is in need of care,

protection or control, and

(b) that it is in the interest of the said child or young

person that he should be taken into the care of the

Minister without following the procedure established

in, and making an order under, article 4(1),

he may, by an order in writing under his hand, take such child or

young person into his care

Provided that such an order shall cease to have effect after the

lapse of twenty-one days from the date on which it is made.

(1) The Minister may, if he is so advised by the Board that

it is expedient in the interest of the education or welfare of a child

or young person so to do, by an order in writing under his hand,

remove from prison such child or young person who is in prison

under a sentence of imprisonment for an offence, except wilful

homicide, and take him into his care.

(2) An order made under subarticle (1) shall cease to have

effect on the date on which the child or young person would have

been released from prison.

For the purposes of this Act, a child or young person shall

be deemed to be in need of care, protection or control if -

(a) he is beyond the control of his parents or guardian; or

(b) he is not receiving such care, protection and guidance

as a good parent may reasonably be expected to give

and -

(i) the child or young person is falling into bad

associations or is seriously exposed to moral

danger; or

(ii) such lack of care, protection or guidance is

likely to cause the child or young person

unnecessary suffering or seriously affect his

health or proper development.

The Minister shall, with respect to any child or young

person committed to his care by an order made under article 3 or

taken into his care by an order made under article 4(1), under

article 5 or under article 6(1), have the same powers and duties with

regard to his care and custody as the parents or guardian of such

child or young person would, but for the order, have, and the

Minister may, subject to any regulations made in pursuance of

article 13, restrict the liberty of such child or young person to such

extent as the Minister may consider appropriate

Provided that nothing in this Act shall be construed as

rendering the Minister liable under article 35(3) and (5), paragraph

(a) of the proviso to article 36, the provisos to subarticles (1) and

(2) of article 39, and article 40(a) of the Criminal Code

CHILDREN AND YOUNG PERSONS (CARE ORDERS)

Provided further that the Minister shall not cause a child or

young person in his care by virtue of an order made under this Act

to be brought up in any religious creed other than that in which he

would have been brought up apart from the order.

Where a child or young person is in the care of the Minister

in pursuance of this Act, it shall be the duty of the Minister to

exercise his powers with respect to the care and custody of such

child or young person so as to further his best interests and to

afford him opportunity for the proper development of his character

and abilities

Provided that if it appears to the Minister that it is

necessary, for the purpose of protecting members of the public, to

exercise his powers in relation to a particular child or young person

in his care in a manner which may not be consistent with his

general duty under the foregoing provision of this article, the

Minister may, notwithstanding that duty, act in that manner.

(1) Subject to the provisions of this Act, the Minister shall

discharge his duty with respect to any child or young person in his

care -

(a) by accommodating and maintaining him in a

residential home, hostel or similar institution provided

by the Minister for the reception of children or young

persons in his care; or

(b) by boarding him out with a fit person, whether a

relative or not, or with a private institution willing to

undertake the care of him on such terms as to payment

by the Minister and otherwise as the Minister may,

subject to any regulations made under this Act,

determine in agreement with such person or the

management of such institution.

(2) Nothing in subarticle (1) shall be construed as preventing

the Minister from making use, in the case of any child or young

person in his care, of the facilities and services available for

children or young persons in the care of their parents or guardian

and, for that purpose, arranging for his accommodation and

maintenance in any suitable manner not specified in subarticle (1).

(3) Without prejudice to the foregoing provisions of this article

and to his powers and duties under articles 8 and 9, the Minister

may allow a child or young person in his care, for any period the

Minister may determine or until the Minister shall otherwise direct,

to be under the charge and control of a parent, guardian, relative or

friend.

(4) The Minister may, at any time and in his discretion,

discharge from his care or from the care of the person or institution

with whom or with which he has been boarded out, as the case may

be, a child or young person taken into his care under article 4(1),

under article 5 or under article 6(1), and any such discharge may be

granted either absolutely or subject to such conditions as the

Minister may determine.

CHILDREN AND YOUNG PERSONS (CARE ORDERS)

(5) The Minister may also from time to time, as he considers

proper, vary any of the arrangements made under this article.

(1) For the purpose of advising the Minister in the

discharge of his functions under this Act, there shall be a Board, to

be called the Children and Young Persons Advisory Board, which

shall include a mother and a person who, in the opinion of the

Minister, has an adequate knowledge of psychology. One of such

members, designated by the Minister, shall act as chairman.

(2) The members of the Board shall be appointed by the

Minister for such time and on such conditions as the Minister may

determine.

(3) It shall be the duty of the Board to advise the Minister on

the best methods of dealing with every child or young person

committed to or taken into his care in accordance with this Act, to

exercise general supervision over such children or young persons

and, in general, to promote their welfare.

(4) The Minister shall designate a member of the Department

of Social Security to act as Secretary of the Board and the person so

designated shall, as part of his duties, be responsible for keeping its

records.

(5) Subject to the provisions of this Act and to such regulations

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

procedure.

(1) If any child or young person committed to or taken

into the care of the Minister under this Act absconds from the

premises at which he is required to live or is absent from such

premises at a time when he is not permitted to be so absent, he may

be apprehended without warrant by any member of the Police and

taken back to such premises.

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

any way aids or abets any such child or young person to abscond or

to become or continue to be absent as mentioned in subarticle (1)

shall be guilty of an offence and shall be liable, on conviction, to

imprisonment for a term not exceeding six months or to a fine

(multa) not exceeding two hundred and thirty-two euro and ninety-

four cents (232.94) or to both such fine and imprisonment.

The Minister shall have power to make regulations as he

thinks fit for the better carrying out of the provisions and purposes

of this Act, and without prejudice to the generality of the foregoing,

such regulations may in particular prescribe or provide for -

(a) the procedure to be adopted in referring a case to the

Juvenile Court and the manner and the time within

which the said court shall review the case, under

article 4(3), (4) and (5), respectively;

(b) the procedure of the Board;

(c) the manner in which homes, hostels and institutions

referred to in article 10(1)(a) shall be administered;

CHILDREN AND YOUNG PERSONS (CARE ORDERS)

(d) the duties of the persons or institutions with whom or

with which children or young persons are boarded out,

with respect to such children;

(e) the visiting of children and young persons in care; and

(f) the periodical review by welfare officers of the cases

of children or young persons in care.

Omitted under Act IX of 1980.

Omitted under Act IX of 1980.