CHILD PROTECTION (ALTERNATIVE CARE) ACT

CHILD PROTECTION (ALTERNATIVE CARE)

CHAPTER 569 *

CHILD PROTECTION (ALTERNATIVE CARE) ACT

To replace the Children and Young Persons (Care Orders) Act, the Foster

Care Act and the Placing of Minors Regulations, to introduce child protection

orders, to provide for appropriate alternative care and protection for children

deprived of parental care or at the risk of being so.

†

ACT III of 2017.

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

(Alternative Care) Act.

(2) The principal aim of this Act shall be to safeguard, protect and

give priority to the best interest of the child in all instances and to

guarantee permanency of the children’s future in the shortest possible

time.

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

as the Minister for the Family and Social Solidarity may, by notice in

the Gazette, establish, and different dates may be so established for

different provisions and for different purposes of this Act.

PRELIMINARY PROVISIONS

In this Act, unless the context otherwise requires

"the Agency" means the Government agency responsible for the

welfare of children in alternative care established in terms of article

31;

"alternative care" means the placement of a child in the care of a

person or entity, other than the child’s parents, which placement has

been ordered by the court or as a result of administrative measures and

the term "alternative carer" shall be construed accordingly;

"Board of Appeal" means the Board of Appeal established in terms

of article 46;

"care and protection" means that care and protection which a parent

may reasonably be expected to give to his child for the purpose of

promoting his full potential, taking into account the abilities, natural

inclinations and aspirations of the child;

"Care Order" means an order issued in terms of article 18(1)(a);

"care plan" means a plan drawn up in accordance with article 12 to

promote the development and well-being of the child;

"care review" means the sitting wherein all matters relevant to the

well-being of the child, including the care plan of such child, are

reviewed, taking into account any significant changes in connection

with the child;

*Repealed by Act XXIII of 2019.

† not yet in force.

CHILD PROTECTION (ALTERNATIVE CARE)

"Care Standards Authority" means the authority established by

virtue of the Care Standards Authority Act;

"central authority" means the authority established by virtue of the

Adoption Administration Act;

"child" means a person who is under the age of eighteen years;

"Children’s Advocate" means a lawyer appointed in terms of

regulation 3 of the Civil Court (Family Section), the First Hall of the

Civil Court and the Court of Magistrates (Gozo) (Superior

Jurisdiction) (Family Section) Regulations;

"Child Protection Order" means any one of the orders issued in

terms of article 18;

"cross-border foster care" means

(a) the care provided by a foster carer who is a Maltese

citizen, to a child who is not a Maltese citizen and who is

resident in Malta; or

(b) the care provided by a foster carer who is not a Maltese

citizen and whose approval by a foreign authority is

recognised by the central authority, through the Agency,

to a child who is resident in Malta;

"Director" means the Director responsible for child welfare;

"Emergency Order" means an order issued in terms of article 19;

"Fostering Board" means the board established in terms of article

33;

"foster care" means the placement of a child in the care of a family,

other than the child’s own family, which is selected, qualified,

approved and monitored for providing such care for a period according

to the care plan;

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

Board to foster a child;

"foster care agreement" means an agreement entered into in

accordance with article 38;

"key social worker" means the social worker appointed by the

Agency to follow the development and well-being of a child in

alternative care and to co-ordinate and follow up progress of a care

plan in relation to that child;

"Minister" means the Minister responsible for child welfare;

"parent responsibility guidelines" means the guidelines issued in

terms of article 11;

"parents" means the mother or the father of the child or any other

person who, by an express provision of law, has parental responsibility

for such child;

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

assigned to it by article 2 of the Social Work Profession Act;

"Removal Order" means an order issued in terms of article 18(1)(e);

"residential care agreement" means an agreement entered into in

accordance with article 43;

CHILD PROTECTION (ALTERNATIVE CARE)

"Review Board" means the Child Care Review Board established

under article 26;

"Supervision Order" means an order issued in terms of article

18(1)(b);

"Training Order" means an order issued in terms of article 18(1)(d);

"Treatment Order" means an order issued in terms of article

18(1)(c); and

"unaccompanied minor" means a child who arrives in Malta

unaccompanied by an adult who by law or custom is responsible for

him, and for as long as the child is not effectively taken into care of

such an adult and includes any minor who is left unaccompanied after

he has entered Malta.

PART I

OF CHILD PROTECTION

TITLE I

Sub-title I

OF THE DIRECTOR RESPONSIBLE FOR CHILD PROTECTION

(1) There shall be a Director having responsibility to protect

children at risk.

(2) There shall also be other officers of the Director who shall

exercise and perform all such powers, functions and duties as may be

delegated or assigned to them by the Director.

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

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

Director shall, unless the contrary intention appears, have the same

obligations and enjoy the same protection and privileges as are by law

imposed on or given to the Director.

(4) The office of the Director shall be a body corporate having a

distinct legal personality and shall be capable of entering into

contracts, of employing personnel, of acquiring, holding and disposing

of any kind of property for the purposes of its operations and of suing

and of being sued and of doing all such things and of entering into all

such transactions as are incidental or conducive to the performance of

its functions under this Act.

Without prejudice to the functions, which may be assigned to

it by this Act, or by any other laws or regulations, the function of the

Director shall be to investigate any alleged harm or risk of harm to a

child and to take such action as may be considered appropriate for the

protection of such child. For these purposes the Director shall

(a) act in the best interest of the child at risk;

(b) ascertain the views and wishes of the child at risk;

(c) collaborate with others involved in the protection of the

child at risk;

(d) enquire about whether any action taken in relation to the

child at risk is appropriate;

CHILD PROTECTION (ALTERNATIVE CARE)

(e) provide guidance for the parents and the family of the

child at risk; and

(f) from time to time issue guidelines with respect to what

may constitute significant harm or risk of significant

harm.

(1) The Director shall hold regular meetings at suitable

intervals with representatives of the Education Department, the

Department of Health, the Police, and of any such other person or

entity that the Director deems to have responsibility for the protection

of children, or of a child in particular, to discuss any matter, which

falls within such responsibility, and together with each department and

entity set policies and protocols.

(2) Minutes of such meetings shall be kept and the progress made

between one meeting and another shall be monitored by the Director.

(3) Where a meeting is held to discuss the case of a child in

particular, the Director may require any person or entity attending the

meeting to report on the progress of the child and a copy of such report

shall be attached to the records held by the Director in relation to that

child.

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

confidentiality and shall not disclose to any third party any

information, which may come to their knowledge during the meetings.

These persons or entities shall also not distribute to any third party any

document, or any copies thereof, which may have been circulated

during the meetings unless, requested or duly authorised to do so by

any court of law.

(1) The affairs and business of the office of the Director,

including its administration and organisation, and organisation and

administrative control of its officers and employees, shall be the

responsibility of the Director.

(2) The Director shall be appointed by the Minister, following a

public call, for such period as the Minister may deem appropriate,

from among persons having at least eight years professional

experience in social work with children and who are in possession of a

warrant recognised by the Social Work Profession Board.

The legal and judicial representation of the office of the

Director shall vest in the Director.

Sub-title II

OF CHILD PROTECTION

(1) Any person who has reason to believe that a child, born

or to be born, is suffering or is likely to suffer significant harm, shall

report the circumstances on which the belief or suspicion is based to

the Director or the Executive Police.

(2) Any person who, in the course of his or her work, whether

voluntary or paid, comes in contact with a child and has reason to

believe that the child is suffering or is likely to suffer significant harm,

shall, with immediate effect report to the Director or the Executive

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Police and the report is to be followed in writing within two working

days

Provided that where a report is made to an entity or institution,

other than the Director or the Executive Police, that entity or

institution shall record in writing the report and shall, without delay,

and in no case not later than one working day from receipt of the

report, refer the report to the Director or the Executive Police.

(3) Any person who, in the course of his or her work, whether

voluntary or paid, comes in contact with a pregnant woman and has

reason to believe that the unborn child is suffering or is likely to suffer

significant harm, shall, without delay and not later than two days from

the day on which significant harm, or risk thereof, is ascertained,

report to the Director and the Director shall provide, or make

arrangements to provide, such services as are deemed to be necessary

to support the woman and child

Provided that all efforts shall be made to keep the woman and

the child together after the birth of the child, unless this is manifestly

contrary to the safety and well-being of the child.

(4) Any person referred to in sub-articles (2) and (3) who fails to

make a report shall be guilty of an offence and shall be liable on

conviction to imprisonment for a term of four months to one year or to

a fine (multa) not exceeding five thousand euro (€5,000), or to both

such fine and imprisonment.

(5) Without prejudice to any other punishment to which the

offender may be liable under any other law, any person who

maliciously makes a report shall be guilty of an offence and shall be

liable on conviction to imprisonment for a term of four months to one

year or a fine (multa) not exceeding five thousand euro (€5,000), or to

both such fine and imprisonment.

(6) For the purposes of this article and of other provisions of this

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

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

persons mentioned in sub-title VIII BIS of Title VIII of Book First of

the Criminal Code.

(1) The Director shall keep a register recording therein all

reports which he receives in terms of article 8.

(2) The Director shall, within five working days from receipt of

the report, determine, on the basis of the information provided,

whether there is or not sufficient reason to believe that the child is

suffering, or is likely to suffer, significant harm. In the first case, the

Director shall make such investigations and assessments as it

considers necessary to determine whether the child is in need of care

and protection and, in the second case, he shall dismiss the report and

state in detail the reasons for the dismissal.

(3) The Director shall be allowed the term of thirty working days

to conduct the investigations and assessments referred to in the

preceding sub-article, to run from the day of the decision of the

Director that the child is suffering, or is likely to suffer, significant

harm. The said term may, upon good cause, be extended by the

Director to an additional period of sixty working days.

CHILD PROTECTION (ALTERNATIVE CARE)

(4) Where the Director determines that the child is in need of care

and protection he shall take such action as is necessary to protect such

child, which, without prejudice to any other action that the Director

considers appropriate to take, may include any one or more of the

following

(a) recommends and/or enforces the provision of support

services for the child taking into account the particular

needs of that child;

(b) recommends and/or enforces the provision of support

services for the child’s parents or to any other person who

appears to have responsibility for such child;

(c) issues parent responsibility guidelines;

(d) applies to the court to make an emergency order;

(e) applies to the court to make the appropriate child

protection order;

(f) submits the report to the Executive Police for further

investigations in all cases involving child abuse or

neglect; or

(g) gives information to the Executive Police of any offence

liable to prosecution by the Police in accordance with the

relevant provisions of the Criminal Code.

(1) In the exercise of his functions under article 9, the

Director may

(a) enter and inspect the premises where the child is being

kept;

(b) interview the child in the presence of a police officer or

any other professional;

(c) require any information as may be reasonably required in

relation to the investigation;

(d) enquire any person who appears to him to be engaged in

the care of the child on any matter relating to the

investigation; and

(e) obtain photographs, films, video recordings or electronic

images as necessary evidence

Provided that the Director may exercise the powers mentioned

in paragraphs (a) and (e) only upon authorisation by the Court of

Magistrates.

(2) The aforesaid authorisation shall be given within two days

from the date on which the Director files an application requesting

such authorisation. The application shall state the grounds for the

request and the Director shall give to the Court of Magistrates all such

information as is necessary for the Court to decide on the request.

Before deciding whether to give authorisation the Court may require

the Director to confirm on oath the information supplied by him and

the authorisation shall only be given upon the Court being satisfied

that sufficient grounds for giving authorisation exist.

(3)

The Director shall hand over a copy of the authorisation to any

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person occupying the premises where the child at risk is being kept, or

to any such other person who appears to the Director to have

responsibility for such child.

(4) The Director shall exercise his powers referred to in sub-

article (1) only to the extent required for the purpose for which the

authorisation was given.

(1) In considering which action to take, the Director shall

have regard to the appropriateness of issuing parental responsibility

guidelines to resolve a matter concerning a child’s need for care and

protection without making an application to the Court to make a child

protection order.

(2) The guidelines mentioned in the preceding sub-article shall be

signed by the Director and the parents of the child and shall take effect

upon their signature.

(3) The Director may impose in the guidelines such terms and

conditions as he may think fit. In particular, the Director may impose

terms and conditions in relation to the following

(a) treatment of substance abuse during the term of the

guidelines;

(b) treatment for the perpetrator of domestic violence;

(c) counselling, or psychological treatment or any other form

of medical treatment;

(d) substance abuse testing;

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

parents;

(f) support and counselling to the child;

(g) educational and medical assistance of the child; and

(h) the method of monitoring compliance with the

guidelines

Provided that the guidelines shall specify the period during

which such guidelines will be in force and also the circumstances in

which a breach thereof will authorise the Director to file an application

for any one or more of the orders mentioned in article 18

Provided further that the guidelines shall not make provision

for or with respect to the assignment of parental responsibilities for a

child.

(4) Upon signature, the Director shall notify the Agency

responsible for child welfare to appoint a social worker to follow the

development and well-being of the child in accordance with the

guidelines. For this purpose, the social worker shall monitor the

compliance of all parties to the guidelines and make periodical reports

to the Head of the Agency who shall forward the said reports to the

Director.

(5) The Director shall also notify any other agency, which is

responsible for the welfare of families, and any such other agency shall

appoint a social worker to provide guidance to the parents in

accordance with the guidelines. The social worker shall also make

CHILD PROTECTION (ALTERNATIVE CARE)

periodical reports to the Director.

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

therein unless terminated before the expiry of such period by the

Director by causing a notice to be served on the parents of the child.

(7) Where the Director desires to proceed with a variation of any

of the terms of the guidelines, the Director may vary any of such terms

with the agreement of all parties to the guidelines

Provided that the varied guidelines shall not have effect unless

agreed to in writing by the parents.

(8) The Director shall, at all times, take into account the views of

the child, if considered to have sufficient understanding.

(1) For the purposes of article 17(4) and article 19(6), the

Director shall hold a conference among those involved in the case to

establish a care plan.

(2) The care plan referred to in the preceding sub-article shall

include the following

(a) the relevant identification particulars concerning the

child;

(b) the reasons for which a child protection order has been

requested and eventually issued;

(c) the goals of the care plan, and, where applicable, those of

the placement in alternative care;

(d) the treatment and assistance that the parents should

receive with a view to mitigate or revoke the effects of

the child protection order;

(e) the place and frequency of contact of the child with his

family;

(f) where applicable, the place where the child will reside;

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

welfare of the child; and

(h) a copy of any decision given by the court.

(3) The care plan shall in all cases be prepared with the

participation of the child, if considered as having sufficient

understanding, and with the participation of any such other person or

entity as the Director may deem appropriate in the circumstances of

the case.

(4) The care plan shall be filed in the records of the cause of a

child protection order by means of a note and any variations thereto

shall not have effect unless a note to that effect is filed in the registry

of the said Court of Magistrates.

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

in terms of the provisions of this Act.

CHILD PROTECTION (ALTERNATIVE CARE)

TITLE II

OF THE COURT OF MAGISTRATES

Sub-title I

OF THE PROCEEDINGS BEFORE THE COURT

OF MAGISTRATES

(1) The Court of Magistrates shall have jurisdiction to try

and determine all causes in terms of this Act.

(2) In the proceedings before it, the Court of Magistrates shall be

assisted by two assistants, appointed in terms of this article, whom the

Court of Magistrates shall consult in any case for its decision

Provided that the Court of Magistrates may in extraordinary

circumstances dispense with consulting the two assistants.

(3) The consultation shall take place with closed doors, unless it

appears to the Court of Magistrates that the ends of justice require the

consultation to take place in open court. The court shall not be bound

to abide by the opinion of the assistants

Provided that where the Court of Magistrates does not abide

by the opinion of the assistants, a record of this fact, together with the

reasons therefor, shall be made in the acts of the proceedings.

(4) The two assistants shall be appointed by the Minister

responsible for Justice, following a public call for applications, from

amongst persons having a minimum of five years of professional

experience in child care, child welfare, child development, child

protection, child law or child psychology

Provided that the Minister responsible for Justice may, at any

time, appoint more than two persons as assistants of the Court of

Magistrates but only two such persons shall assist the Court of

Magistrates in any one case

Provided further that where, at any time, there are more than

two assistants, the Court of Magistrates shall retain, as far as possible,

the same composition as established at the beginning of the first sitting

of the Court of Magistrates.

(5) A person appointed as assistant of the Court of Magistrates

shall, at the beginning of the first sitting of the court after his

appointment, take in open court an oath to discharge his functions

faithfully, impartially and in accordance with this Act.

(6) The assistants of the Court of Magistrates may abstain or be

challenged for the same reasons and on the same grounds as, according

to law, a magistrate may abstain or be challenged. Any question

regarding any cause of abstention or challenge shall be decided by the

Magistrate.

(7)

The office of an assistant of the court shall become vacant

(a) at the expiration of five years from the date of his

appointment; or

(b) if he is removed from office by the Minister responsible

for Justice on the ground that he is unfit to continue in

office or has become incapable of, or is not, properly

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performing his duties; or

(c) he resigns from office

Provided that an assistant may, on the expiration of his term of

office, be appointed to hold office for subsequent terms.

(1) The court shall hold sittings in Malta and in Gozo. The

day and time of each sitting shall be determined by the presiding

Magistrate.

(2) The Minister responsible for Justice shall, by notice in the

Gazette, determine the building or buildings where the court shall sit

in Malta and Gozo.

(3)

Causes shall be tried with closed doors

Provided that it shall be lawful for the Court of Magistrates to

order that the cause be heard in open court, where the ends of justice

so require, in which case the order of the court shall be recorded in the

acts of the proceedings.

(4) The judgment shall in all cases be delivered with closed doors,

unless the Court of Magistrates determines otherwise where the

interests of justice so require.

The acts and documents of the Court of Magistrates shall not

be open to inspection, nor shall copies thereof be given, without the

special permission of the Court of Magistrates, except by or to the

parties concerned or by or to any advocate or legal procurator

authorized by such parties.

(1) Where in any proceedings affecting the child, the Court

of Magistrates considers the child to have sufficient understanding, it

shall before taking a decision

(a) ensure that the child has received all relevant

information, including but not limited to information in

relation to procedures that have been, or are to be, taken

with respect to the child and the reasons thereof;

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

understanding, unless this would be manifestly contrary

to the best interests of the child;

(c) allow the child to express his views

Provided that the Court of Magistrates shall in all cases

give due consideration to the views expressed by the

child.

(2) Where the Court of Magistrates does not itself consult the

child, it shall ensure that the person consulting the child has received

appropriate training to make such consultations, and in the case of

unaccompanied minors, the court shall also ensure that the person

consulting such minors has the appropriate linguistic and cultural

sensitivity.

(3) The ascertained or ascertainable views of the child or, where

the views of the child cannot be ascertained, the reasons thereof, shall

be recorded in the acts of the case by the Court of Magistrates or by the

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person consulting the child.

(4) The views of the child shall be ascertained with sensitivity and

in a manner that does not cause unnecessary harm to the child.

(5) In any proceedings before the court, the court shall take into

account

(a) the views of the child, if the child is considered to have

sufficient understanding;

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

child and the capability of the parents, or other

appropriate persons, of contributing towards those needs;

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

the child;

(d) the age, background and characteristics of the child that

the Court of Magistrates deems relevant;

(e) the harm that the child has suffered or may suffer; and

(f) any other relevant matter.

(6) The court shall appoint the time at which the child is to be

heard. The court shall also, whenever it deems it in the best interests of

the child so to act, hear such child at a place equipped with audio and

video recording facilities.

Sub-title II

OF CHILD PROTECTION ORDERS

(1) The demand for the issue of any child protection order

shall be made by the Director by means of an application to the Court

of Magistrates.

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

relevant identification particulars of the child and, where applicable, of

the parents of the child, contain a clear statement of the facts of the

case, a report containing the findings of the investigations and

assessments, an indication of any available alternative form of care,

and such other documents as may be necessary in support of such

application.

(3) Upon receipt of any such application, the Court shall appoint a

Children’s Advocate for the child. The court shall then appoint the

application for hearing within five working days and shall forthwith

notify the Director, the parents of the child, the Children's Advocate,

the Agency and, where applicable, the special guardian, of the date of

such hearing.

(4) The Court of Magistrates shall, during the first sitting, hear the

application of the Director, the evidence in support of that application,

the parents of the child, the child, the Children’s Advocate and, where

applicable, the special guardian. Where the Court of Magistrates is

satisfied that the application is prima facie justified, the court shall

adjourn the case for another date, being a date not later than two

months from the date of the adjournment, and the Director shall within

that period prepare a care plan

Provided that where the application is for a care order, the

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Court of Magistrates shall, following consultations with the Agency,

prescribe the place in which the child is to reside pending preparation

of the care plan.

(5) Where the Court of Magistrates is satisfied that the care plan is

appropriate in the circumstances of the case it shall make the relative

order, subject to such other conditions as the court may deem

appropriate to impose, including the assignment of parental

responsibilities to any person assigned with the responsibility to look

after the well-being of the child and shall refer the case to the Review

(1) In any proceedings instituted by the Director for the

making of a child protection order, the Court of Magistrates may make

any one or more of the following orders

(a) a care order providing for the placement of the child, in

need of care and protection, in some alternative care and,

whenever deemed necessary, for the assignment of

parental responsibilities to the Review Board, or the

guardian, or the alternative carer, or to any such other

person or persons as the court may deem appropriate;

(b) a supervision order putting the child under the

supervision of the Agency for a time to be specified in

the order and under those conditions which it may deem

appropriate to impose, including, the allocation of

parental responsibility, or any aspects of it, to such

person or persons as the court may deem appropriate;

(c) a treatment order ordering the parents of the child to

receive treatment for substance abuse or domestic

violence, or psychiatric or psychological treatment;

(d) a removal order removing the perpetrator of significant

harm to the child from the place of residence of such

child and to provide protection to the child, and this

without prejudice to the provisions of the Criminal Code

and the provisions of the Civil Code.

(2) Without prejudice to any other relevant matter, which the court

may consider for the purposes of determining which order to make, the

Court of Magistrates shall take into account

(a) the views of the child, when considered as having

sufficient understanding;

(b) the views of the parents;

(c) where applicable, the views of the guardian;

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

and harmonious development of the child;

(e) the nature and quality of the child’s attachment to his

family;

(f) the length of time during which the family of the child

had been receiving support and treatment services;

(g) the degree of harm suffered by the child;

(h) the degree of vulnerability of the child;

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(i)

the child’s cultural, linguistic and religious background;

and

(j)

the child’s relationships with his siblings.

(3) For the purposes of sub-article (1)(a), the Court of Magistrates

shall take into account

(a) whether there are deficiencies in the everyday care

received by the child, or deficiencies in terms of the

personal contact and security needed by a child of his or

her age and development;

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

assistance is receiving the treatment and specialized care

that the child requires;

(c) whether the child is at risk of being abandoned; and

(d) whether, generally, the child is at risk of suffering

significant harm.

(4) In all cases where provision is made for the assignment of any

parental responsibilities to any person other than the parents of the

child the Court of Magistrates shall give preference to the family of the

child, unless it is manifestly contrary to the best interests of the child.

(5) In all cases where an application for an order is made under

this article, the Court of Magistrates shall appoint a Children’s

Advocate to represent the interests of the child.

(6) Save for special and exceptional reasons, in any proceedings

for an order under sub-article (1), the Court of Magistrates shall hear

all evidence tendered by the child in one sitting

Provided that the Court of Magistrates may, where it deems it

proper so to do, appoint a child expert or experts to hear such

evidence.

(1) Where the Director determines that a child is at

immediate risk of significant harm, he shall file an application

according to the prescribed form to the Court of Magistrates for an

emergency order to immediately remove the child from such place of

risk

Provided that where the child is suffering significant harm, the

Director may, with the assistance of the Executive Police, proceed

with the immediate removal of the child from such place of significant

harm without an order, but shall within twenty-four hours from the

time of removal, apply to the Court for such an order

Provided further that the provisions of article 133 of the Civil

Code shall apply mutatis mutandis where the Director deems that an

order authorizing the child to leave the parental house is in the

circumstances appropriate or expedient.

(2) The application shall contain a brief but clear statement of the

facts of the case and a request for the immediate removal of the child

from the place of harm. The Court of Magistrates shall appoint the

application for hearing not later than three working days from the date

of filing of the application and shall give its decision on the

application on the same day.

CHILD PROTECTION (ALTERNATIVE CARE)

(3) The Court of Magistrates shall determine whether or not

sufficient grounds exist for the immediate removal of the child. In the

first case, the Court shall make an emergency order and, in the second

case, it shall dismiss the application. In any case, the Court of

Magistrates shall direct the Director to make such further

investigations to determine which action to take to safeguard and

promote the welfare of the child.

(4) The order shall be served by not later than the next day from

the date of the order on the Director, the Executive Police, the

Children's Advocate, the parents of the child and, where applicable,

the special guardian. The order shall also be served on the Agency to

place the child in alternative care pending further investigations in

accordance with article 9.

(5) The investigations shall be concluded within the term of thirty

working days from the date of the order, or dismissal of the

application, as the case may be

Provided that, upon good cause being shown, such term may

be extended for another period of ten working days upon a demand in

writing to the court.

(6) On the conclusion of the investigation, the Director shall make

a report to the Court of Magistrates stating therein which action needs

to be taken in relation to the child and the reasons for its decision. The

Director shall, in addition to the report, also prepare a care plan.

(7) The Court of Magistrates shall, upon receipt of the report and

care plan, appoint a date, not later than three working days from the

date of receipt of the report and care plan, for hearing the Director, the

parents of the child, the child, the Children’s Advocate, the special

guardian, where applicable, and any such other person or persons as

the court may deem appropriate. The said court shall thereupon

determine the appropriate order for the care and protection of the

child, subject to such conditions as the court may deem appropriate to

impose, including the assignment of parental responsibilities to any

person having the responsibility to look after the well-being of the

child. The Court of Magistrates shall then refer the case to the Review

Board.

(1) Any person who comes in contact with an

unaccompanied child shall refer that child to the Director. The Director

shall thereupon notify the Principal Immigration Officer for him to

register such child and to issue in relation to that child an identification

document.

(2) The Director shall immediately upon the child’s registration

and identification also apply to the Court of Magistrates for temporary

tutorship

Provided that where, among the relatives of the said child,

there are competent persons, the court shall appoint one of such

persons, preference being given, subject always to the best interests of

the child, to the nearest relative by consanguinity.

(3) The provisions of articles 161, 163 to 166, 168, 169, 171 to

173 and 175 to 187 of the Civil Code shall mutatis mutandis apply and

without prejudice to the powers, functions and duties, which are

CHILD PROTECTION (ALTERNATIVE CARE)

assigned to the tutor under those provisions or to such other powers,

functions and duties as may be assigned to him by the court, or by any

other law, the tutor shall be responsible to assist and support the

unaccompanied child and in particular to

(a) identify the persons or entities that need to be involved to

care for and protect the child;

(b) co-ordinate the efforts of all such identified persons or

entities;

(c) ensure that the child is offered suitable care,

accommodation, education and health care;

(d) ensure that the child has suitable legal representation to

deal with his residence status, asylum claim, or any other

legal or administrative procedure; and

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

in his best interests.

(4) The Director shall refer the unaccompanied child to the

competent authorities for them to make such investigations and

assessments as they may consider necessary to determine whether the

claimant is, or is not, in effect an unaccompanied child. The Director

shall, pending such investigations and assessments, file an application

to the Court of Magistrates to make a temporary assessment order.

(5) Upon receiving the findings of the investigations and

assessments by the competent authorities, determining that the

claimant is in effect an unaccompanied child, the tutor shall file an

application to the Court of Magistrates to make a care order.

(6) Upon receipt of any such application, the Court of Magistrates

shall appoint a Children’s Advocate for the unaccompanied child. The

court shall then appoint the application for hearing within five working

days and shall forthwith notify the Agency, or such other competent

authorities or entities responsible for the well-being of international

protection seekers, as the case may be, of the date of such hearing.

(7) The Court of Magistrates shall during the first hearing, hear

the application, the evidence in support of the application, the

unaccompanied child, the tutor and the Children’s Advocate. Where

the Court of Magistrates is satisfied that the claimant is in effect an

unaccompanied child, the Court shall adjourn the case to another date,

being a date not later than one month from the date of the adjournment,

and the Agency, or such other competent authority or entity, shall

within that period prepare a care plan and the provisions of article 12

shall apply mutatis mutandis.

(8) Where the Court of Magistrates is satisfied that the care plan is

appropriate in the circumstances of the case it shall make a care order,

subject to such other conditions as the court may deem adequate to

impose, including the assignment of parental responsibilities to the

Agency, or to such other competent authority or entity as the court

deems appropriate. The court shall then refer the case to the Review

Board for review in accordance with the provisions of this Act.

(1) Without prejudice to the power of the court to make a

child protection order, the court may also, on the application of the

CHILD PROTECTION (ALTERNATIVE CARE)

relatives of that child, or of any one of the professionals assisting the

child, or of the alternative carers, or of any such other person close to

such child, make a special guardianship order in relation to the child

Provided that, where among the persons applying for special

guardianship there are relatives of the child, and the court determines

that such relatives are competent persons, the court shall give

preference to those relatives, subject always to the best interests of the

child.

(2)

The following persons cannot be appointed special guardians

(a) persons who have not attained majority;

(b) undischarged bankrupts;

(c) persons who have been sentenced to the punishment of

imprisonment for a term exceeding one year, or to any

punishment for an offence affecting the good order of

families, or for fraud;

(d) persons who are of a notoriously bad character, or

manifestly untrustworthy or negligent;

(e) any other person as the court may consider not

appropriate in the circumstances of the case.

(3) Before making an order in accordance with sub-article (1), the

court shall notify the Agency and the said Agency shall prepare a

report to the court on the suitability or otherwise of the applicants to be

special guardians.

(4) The court may allocate to the special guardian such parental

rights and responsibilities, which it considers necessary for the care of

the child. The court shall also determine whether such rights and

responsibilities shall be exercised solely by the special guardian to the

exclusion of the parents.

(5) In case of disagreement between the parents and the special

guardian on matters of particular importance, the parents or the special

guardian may apply to the court indicating those directions which he

or she considers appropriate in the circumstances. The court, after

hearing the parents, the special guardian and the child, if the latter is

considered as having sufficient understanding, shall decide upon the

issue. In the case of an imminent danger or serious prejudice to the

child the special guardian may take such measures which are urgent

and cannot be postponed.

(6) It shall be lawful for the court to appoint more than one special

guardian for the child. In such case, the court may, either of its own

motion or on the demand of one or more of the special guardians,

specify the parental responsibilities of each special guardian in relation

to the child. The court may also determine whether a special guardian

shall have the right to exercise the parental responsibilities assigned to

him to the exclusion of all others having parental responsibilities for

the child.

(7) Any special guardian so appointed in accordance with this

article shall be entitled to such support services as the Minister shall

from time to time determine by means of regulations.

(8)

The court may suspend or remove a special guardian from his

CHILD PROTECTION (ALTERNATIVE CARE)

office on any of the grounds mentioned in sub-article (2), or for failure

to render an account in due time, or for unfaithfulness in the account

rendered, or for any other just cause.

(9) In all cases the court shall chiefly consider the interest of the

minor.

(1) A child protection order shall remain in force until the

child attains the age of eighteen years, or the Court of Magistrates

revokes it.

(2) The Court of Magistrates may revoke a protection order upon

receipt of a recommendation to that effect, and the reasons thereof, by

the Review Board made in terms of article 28(5). The Court of

Magistrates shall before revoking such order take into account

(a) the recommendation to that effect, and the reasons

thereof, of the Review Board;

(b) the views of the child, if considered to have sufficient

understanding;

(c) the views of the Children’s Advocate;

(d) the views of the parents of the child;

(e) the views of the key social worker;

(f) the views of the alternative carer;

(g) where applicable, the views of the guardian; and

(h) the views of any such other person as it may deem

appropriate.

(3) Where the Court of Magistrates determines that sufficient

grounds exist for the revocation of a protection order it shall refer the

matter to the Review Board to prepare a reintegration plan and the

provisions of article 30 shall apply.

(4) Where the Court of Magistrates determines that no sufficient

grounds exist for the revocation of a protection order, it shall make a

decree ordering the continuance of reviews before the Review Board

and shall provide the reasons thereof.

(5) For the purposes of the preceding sub-articles (3) and (4), the

court shall take into account

(a) the age of the child;

(b) the wishes of the child and the weight to be given to those

wishes in accordance with the child’s age and maturity;

(c) the length of time the child has been in the care of the

current alternative carers;

(d) the strength of the child’s attachments to his parents and

the current alternative carers;

(e) the capacity of the parents of the child to provide an

adequate standard of care for the child; and

(f) the risk of psychological harm that the child may suffer if

present care arrangements are varied or revoked.

CHILD PROTECTION (ALTERNATIVE CARE)

(1) The court may decree that an alternative permanency

plan is, in the circumstances of the case, in the best interests of the

child. The court may make such a decree either on the application of

the Director, made together with an application for a child protection

order, or otherwise on the recommendation of the Review Board in

accordance with article 28(6).

(2) Before making the said decree, the court shall ascertain the

views and wishes of the child, if considered as having sufficient

understanding, and of any such other person or entity, which it may

deem relevant for the purpose of ascertaining such views and wishes.

(3) Where the Court makes a decree in accordance with this

article, it may also allocate parental responsibilities to the alternative

carers, particularly in relation to matters of education, health and

overseas travel. The court may also impose any such other condition as

it may deem appropriate to impose in the circumstances of the case.

(4) Any review of the alternative permanency plan shall take place

at least once every year by means of a report drawn up by the key

social worker, which report shall be presented to the Review Board.

The said board shall, whenever it deems it proper so to do, summon

any person or entity to appear before it and require them to produce

any document, which it may require

Provided that the Review Board shall have the power to hear

the child at any time during which the alternative permanency plan is

in effect to ascertain the well-being of such child.

(1) In accordance with the provisions of this article, the court

may on the application of the Agency decree that a child under a care

order be freed for adoption.

(2) The application mentioned in the preceding sub-article shall,

besides the relevant identification particulars of the child and, where

applicable, of the parents of such child, also contain detailed reasons

for the request. Where the prospective adoptive parents have been

identified, the application shall also contain their identification

particulars

Provided that where among the persons identified as

prospective adoptive parents there are the alternative carers, the

Agency may in the application give preference to such carers, subject

always to the best interests of the child.

(3) The application shall be served on the parents of the child who

shall have twenty days within which to file a reply. The parties shall

then be notified with the date for the hearing of the application.

(4) Before making a decree freeing the child in care for adoption,

the court shall

(a) hear and ascertain the views and wishes of the child, if

considered as having sufficient understanding;

(b) hear any person who has been entrusted with the care and

custody of the child to be freed for adoption;

(c) hear the parents of such child;

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

CHILD PROTECTION (ALTERNATIVE CARE)

any such other person, whom it deems relevant;

(e) take into account whether the freeing for adoption would

be in the best interests of the child;

(f) take into account whether there are any reasonable

prospects for the parents to become able to care for the

child; and

(g) take into account the consent of the parents to the freeing

for the adoption

Provided that the absence of consent of the parents shall not,

of itself, be a bar to the freeing of the child for adoption.

(5) Where the court makes a decree to free the child for adoption,

it shall state the reasons for its decision. In all cases where the Agency

has in the application also identified the prospective adoptive parents,

the court shall refer the decree, together with the application, to the

competent court, which by law has power to make adoption decrees

and the provisions of the Civil Code in relation to adoptions shall

apply.

Sub-title III

OF THE CHILDREN’S ADVOCATE

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

Advocate arising from any other law, the Children’s Advocate shall

(a) provide legal advice and assistance to the child;

(b) establish and present the views of the child before any

court of law or any administrative authority;

(c) provide explanations to the child concerning the possible

consequences in the case of compliance with his or her

views; and

(d) provide the child with all relevant information

Provided that the Children’s Advocate shall provide to the

child the explanations and all the relevant information as mentioned in

paragraphs (b) and (c) only where the child is considered as having

sufficient understanding.

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

as from time to time may be prescribed by regulations made by the

Minister responsible for Justice to effectively represent and ascertain

the views and wishes of the child.

TITLE III

OF THE CHILD CARE REVIEW BOARD

(1) There shall be set up in accordance with the provisions of

this Act, a board known as the Child Care Review Board, which shall

be composed of five members as follows

(a) four members shall be appointed by the Minister of

whom

(i) one person shall be a Chairperson holding a

warrant of advocate and having at least five years

CHILD PROTECTION (ALTERNATIVE CARE)

of professional experience in family or child law;

(ii)

one person shall be qualified in any one of the

mental health professions, preference being given

to persons having at least five years of professional

experience;

(iii) one person shall be qualified in the medical

profession, preference being given to persons

having at least five years of professional

experience; and

(iv) one person shall be qualified in family therapy,

preference being given to persons having at least

five years of professional experience; and

(b) one person shall be a registered social worker and having

at least five years of professional experience in social

work appointed by the Commissioner for Children.

(2) The members of the Board shall hold office for a period of

four years from the date of appointment and a member shall, on

ceasing to be such a member, be eligible for re-appointment.

(3) A member of the Board may be removed from the office by

the Minister if such member is unfit to continue in office or has

become incapable of, or is not, properly performing his duties or in the

event of any of the circumstances which disqualify such person from

remaining a member of the Board.

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

the termination of office or resignation of any such person, as well as

any other additional functions assigned to the Board by the Minister,

shall be notified in the Gazette, and it shall have effect forthwith

Provided that failure to publish the appointment or

termination, as the case may be, shall not prejudice the validity of such

appointment or termination.

(1) The Board shall have such functions and powers as are

assigned to it under this Act or under any other law, or as may be

assigned to it from time to time by the Minister.

(2) Without prejudice to its other powers and functions arising

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

Board shall include

(a) to hold periodical reviews of the care plan;

(b) to examine reports drawn up by the key social worker;

(c) to make recommendations to the Court of Magistrates on

the child’s and family’s situation, including the family’s

actual and potential capacity to care for the child, to

decide whether reintegration of the child in the family is

possible and in the best interests of the child;

(d) to make recommendations to the Court of Magistrates on

the appropriateness of the child protection order from

time to time;

(e) to vary the care plan where and when necessary;

(f) in case of disagreement on matters of particular

CHILD PROTECTION (ALTERNATIVE CARE)

importance, to take decisions which it deems in the best

interest of the child; and

(g) exercise general supervision over the child.

(3) 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.

(4) For the purposes of carrying out its functions under this Act,

the Board shall have the power to access all relevant documentation by

whomsoever held and to request the help of any person, by specifying

the action which is required from any such person, whenever the

Board deems that such action can help it in the exercise of any of its

functions.

(1) The first review of the care plan shall take place before

the Board not later than four months from the date of the child

protection order, and any subsequent reviews shall take place at least

once every six months

Provided that the key social worker or guardian of the child, as

the case may be, may apply to the Board to review the case before the

expiration of the six month period on the grounds that the child is

suffering, or is likely to suffer, significant harm in the placement or as

a result of the care plan. In either case, the Board shall appoint the

application for hearing not later than five days from the filing of the

application and shall, after hearing all parties concerned, give its

decision on the application with urgency.

(2) The key social worker shall, during the first review present to

the Review Board a concurrent plan for the child. The said plan shall

simultaneously define the requirements which the parents need to

satisfy, for the purposes of reintegration or reunification of the child

with such parents, and establish an alternative permanency plan

Provided that the key social worker shall make all reasonable

efforts to reintegrate or reunify the child with the parents, subject

always to the best interests of the child.

(3) The Review Board shall, on the day appointed for every other

subsequent review, hear the parents of the child, the key social worker,

the alternative carer and, where applicable, the guardian, to determine

whether progress is, or is not, being made in accordance with the care

plan

Provided that the Review Board may, whenever it deems it in

the best interests of the child so to do, or whenever the child expresses

his wish to be heard by the Review Board, hear such child and, for this

purpose, may also appoint an alternative date, time or place, which is

different from such date, time or place that is appointed for the review.

(4) The Board may also consult with such professionals, or other

persons, as it may deem appropriate. For such purpose, the Board may

invite any such professional or other person to attend meetings of the

Board.

(5) Where the Review Board determines that sufficient progress

has been made, justifying the revocation of a child protection order, it

shall make a recommendation to the court to that effect for a final

CHILD PROTECTION (ALTERNATIVE CARE)

judgment.

(6) Where the Review Board determines that no sufficient

progress has been made, justifying the revocation of a child protection,

and two years have lapsed from the date on which a concurrent plan

was presented to the Review Board by the key social worker, the said

Board shall proceed to determine whether there are or not any

reasonable prospects for reintegration or reunification of the child with

his parents. In the first case the Review Board shall continue with the

periodical reviews, subject to any variations to the care plan, which it

deems necessary in the circumstances of the case and, in the second

case, the Review Board may recommend to the court that the

alternative permanency plan should have effect

Provided that the Review Board may recommend to the court

that the alternative permanency plan should have effect at any time

during which the child is under a care order in all cases where this is

considered in the best interests of the child so to do

Provided further that where it is in the best interests of the

child that the alternative permanency plan has effect immediately upon

the making of the orders mentioned in the preceding proviso, the

recommendation to that effect shall be made by the Director.

(7) Before delivering its final decision, the court shall hear the

views of any person, which it deems relevant, and in particular the

views of the child, if considered to have sufficient understanding.

(8) The key social worker, the parents of the child, or where

applicable, the guardian, may, within seven working days from the

Review Board's decision that no sufficient progress has been made,

which justifies a recommendation to the court for the revocation of an

order, apply to the Court of Magistrates for it to review the decision of

the said Board

Provided that, without prejudice to any other sanction arising

from the provisions of this or any other law, where the application for

such revision is evidently frivolous or vexatious, it shall be lawful for

the Court of Magistrates to condemn the applicant besides to the

payment of costs, to the penalty of not less than two hundred and fifty

euro (€250) but not exceeding two thousand and five hundred euro

(€2,500)

Provided further that where the Court of Magistrates confirms

that no sufficient grounds exist for the revocation of a child protection

order, any subsequent application for a review of the decision of the

Review Board shall only be allowed after the lapse of twelve months

from the day on which such determination is made

Provided further that no application or further applications

shall be entertained by the Court of Magistrates following a decree that

an alternative permanency plan is in the best interests of the child.

(1) Without prejudice to the provisions of article 23, where

the key social worker, the parents of the child, the alternative carer or,

where applicable, the guardian request a variation of the care plan, the

Board shall determine the necessity or otherwise in doing so. The

Board shall, after hearing all the persons concerned, determine the

manner in which the care plan is to be varied and shall order the key

CHILD PROTECTION (ALTERNATIVE CARE)

social worker to make such established variations to the care plan.

(2) Where the Board determines that a variation to the care plan is

necessary, as mentioned in the preceding sub-article, it shall submit the

reasons for its decision in a report.

(1) For the purposes of article 22(3), the Review Board shall,

by agreement with the key social worker, the parents of the child, the

alternative carer, and where applicable, the guardian, set out in writing

the aims of the reintegration plan and the method by which the child is

to be reintegrated with his family.

(2) Where the Review Board determines that the aims of the

reintegration plan have been fulfilled, it shall make a note to that effect

in the records of the case, and transmit the records to the Court of

Magistrates.

(3) If, upon receipt of the records, the Court of Magistrates is

satisfied that the aims have been fulfilled, it shall revoke the child

protection order, subject to such conditions as it deems appropriate to

impose, but may before proceeding to make such revocation hear any

person or persons as it may consider appropriate in the circumstances

of the case

Provided that the court shall in all cases hear the child if

considered to have sufficient understanding.

PART II

OF ALTERNATIVE CARE

TITLE I

OF THE AGENCY RESPONSIBLE FOR CHILDREN

IN ALTERNATIVE CARE

(1) There shall be established an Agency to promote the

development and well-being of children in alternative care.

(2) Without prejudice to any other function, which may be

assigned to the Agency under this Act or any other law, the Agency

shall perform such functions and carry out such duties as the Minister

shall from time to time by regulations under this article assign to it.

TITLE II

OF THE CARE STANDARDS AUTHORITY

Without prejudice to any functions, duties and responsibilities

specified in the Care Standards Authority Act, or in any other law or

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

responsibility

(a) to receive and acknowledge applications for a licence to

establish, operate and maintain a child residential care

service;

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

revoke or suspend the licence of a child residential care

service provider;

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

necessary action in relation to any complaints against the

CHILD PROTECTION (ALTERNATIVE CARE)

Agency, or any organisation purporting to act as such,

and against any child residential care service provider;

(d)

to impose such conditions for licensing as it may, from

time to time, by means of regulations, determine to be

necessary;

(e)

to take any measures deemed necessary in the

circumstances if a placement, whether local or cross-

border, is in breach of the provisions of this Act;

(f)

to monitor and inspect the support services being offered

by the Agency to the child and the alternative carers;

(g)

to inspect those premises where the child is being

accommodated, or any premises where it is proposed to

accommodate such child; and

(h)

to monitor and inspect the services being offered by

residential carers to the children in their care.

TITLE III

OF THE FOSTERING BOARD

(1) There shall be a Board, to be known as the Fostering

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

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

seven years professional experience of practice in foster

care;

(b) one person who has at least five years of professional

experience in any one of the mental health professions;

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

least three years; and

(d) two persons who, in the opinion of the Minister, have

adequate knowledge and are proficient in the area of

foster care and that at least one of the persons is a social

worker.

(2) The members referred to in the foregoing sub-article may be

appointed at any time during the term of office of the Fostering Board.

(3) The members of the Fostering Board shall be appointed by the

Minister for a period of two years and shall on the expiration of their

term of office be eligible to be re-appointed as members.

(4) Any member of the Fostering Board may be removed from

office by the Minister if, in his opinion, such member is unfit to

continue in office, or has become incapable of, or is not, properly

performing his duties as a member.

(5) In the event that any member of the Fostering Board vacates

his office before completing his term, the member appointed in his

stead shall be so appointed for the unexpired period of the original

appointment.

(6) Subject to the provisions of this Act and to any regulations

made thereunder, the Fostering Board shall regulate its own procedure.

(7)

In every case, the number of members needed at a meeting to

CHILD PROTECTION (ALTERNATIVE CARE)

form a quorum shall be three. The Chairperson shall have an original

vote and, in the case of equality of votes, a casting vote.

(8) The Minister shall designate a person to act as Secretary to the

Fostering Board and such person shall, as part of his duties, be

responsible for the keeping of the relevant records and shall carry out

such other work related to the functions of the Fostering Board as may

be instructed by the Chairperson. The Secretary to the Board shall

have no vote.

(9) The Fostering Board shall meet as and when necessary,

provided it meets at least once a month. In the case of a written request

by the Minister or the Agency, which request shall be transmitted

through the Secretary of the Board, such Board shall meet by not later

than forty-eight hours following the request.

(10) In the exercise of its functions under this Act, the Fostering

Board may consult with professionals or other persons as it may deem

appropriate. For such purpose, the Fostering Board may invite any

such professional or other person to attend meetings of the Board.

(11) The members of the Fostering Board, the Secretary to such

Board and any person involved in the proceedings before the Fostering

Board shall be bound by confidentiality.

(12) The acts and documents of the Fostering Board shall not be

open to inspection, nor shall copies thereof be given, except by or to

the Director, by or to the parties concerned or by or to any advocate or

legal procurator authorised by such parties.

(13) The Fostering Board shall submit to the Minister bi-annual

reports of all its activities during the preceding six months by not later

than fifteen days of the following month.

(1) The functions of the Fostering Board shall include

(a) determining whether a prospective foster carer is suitable

to be a foster carer;

(b) determining whether a foster carer should continue to act

as such;

(c) specifying the type or types of foster care that each foster

carer may provide;

(d) keeping an updated register of foster carers;

(e) providing foster carers with official documentation that

identifies them as such and an official letter identifying

the children in their care;

(f) reviewing reports compiled by the Agency, following a

complaint against a foster carer, and taking any action as

deemed fit in the circumstances;

(g) making recommendations to the Minister on the

parameters to be established for the organisation of

training programmes, assessments, counselling sessions

for prospective foster carers as well as monitoring of, and

support structures for, foster carers; and

(h) making recommendations to the Minister for the more

effective implementation of the provisions of this Act and

CHILD PROTECTION (ALTERNATIVE CARE)

any regulations made thereunder.

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

deemed relevant to the foster care procedure and it shall be unlawful

for any person to hinder it in the carrying out of any of its functions.

(1) In making a decision under article 34(1)(a), (b), (c) and

(f), the Fostering Board shall have regard to the Home Study Reports

and Review Reports drawn up and passed to it by a social worker of

the Agency and to any other relevant documentation as the Board may

deem appropriate. The Fostering Board shall also hear the prospective

foster carer, or the foster carer, as the case may be, the child, if

considered to have sufficient understanding, and any such other person

as the Board may deem fit in the circumstances.

(2) Any decision made in terms of sub-article (1), and the reasons

thereof, shall be recorded in writing and shall be communicated in

writing to the prospective foster carer, or the foster carer, as the case

may be, to the Agency and, where applicable, to the Review Board, the

guardian and the child if considered to have sufficient understanding,

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

such decision.

(3) The Fostering Board shall decide on an application by not later

than six weeks from the date of the filing of the application, unless in

the opinion of the Chairperson a longer period is necessary for a valid

reason which must be stated and registered in the proceedings of the

case.

(4) The foster carer or prospective foster carer, as applicable, may

appeal from a decision delivered by the Fostering Board, by filing an

application before the Board of Appeal by not later than eight working

days from the date of service of the decision by registered mail.

TITLE IV

OF FOSTER CARE

(1) Upon receiving an application from a prospective foster

carer the Agency shall

(a) provide training to the prospective foster carer;

(b) assess the suitability or otherwise of the prospective

foster carer; and

(c) draw up a report, to be known as the Home Study Report,

on the situation of the prospective foster carer, including

any recommendations, and forward it to the Fostering

Board.

(2) For the purposes of drawing up the Home Study Report, the

social worker appointed by the Agency shall carry out the necessary

home visits. The visits shall be unannounced and the prospective foster

carer shall not refuse entry, shall co-operate with the social worker and

shall provide correct information to the best of his knowledge.

(3) Without prejudice to any other provision under this Act or

under any other provision of law, the Home Study Report shall include

the following

CHILD PROTECTION (ALTERNATIVE CARE)

(a) a good conduct certificate issued by the Commissioner of

Police;

(b) a report by a licensed medical practitioner on the state of

health of the prospective foster carer;

(c) a log of the interventions carried out with the family;

(d) the frequency of home visits carried out by the social

worker;

(e) a recommendation by the social worker regarding the

suitability or otherwise of the prospective foster carer and

the reasons thereof; and

(f) such other information as the Board may reasonably

require.

For the purposes of matching a foster carer with a child, the

Agency shall

(a) take into account the individual needs of the child;

(b) take into account the abilities and experience of the foster

carer to attend to the particular needs of the child;

(c) subject to paragraph (a), make all reasonable attempts to

keep siblings in the same foster home;

(d) subject to paragraph (a), make all reasonable attempts to

keep a parent under the age of eighteen years and his or

her child in the same foster home;

(e) take into account the study report made by the key social

worker;

(f) take into account the competence of any relatives of the

child to foster such child.

(1) Foster care shall take place subsequent to an agreement

entered into between the Agency and the foster carers.

(2) The child protection order and the care plan, including any

reviews thereof, shall be attached to the agreement and shall be read

and construed as part of such agreement.

(3) The agreement shall be signed by the key social worker and

the foster carers and a copy thereof, together with the relevant part of

this Act, providing for the duties and entitlements of foster carers and

the rights of the child in foster care, shall be furnished to the foster

carers. A copy of the agreement shall also be furnished to the Review

Board and the parents of the child

Provided that a copy of the agreement shall not be furnished to

the parents of the child, unless it is determined that it is in the best

interests of the child to do so.

(4) No amendments to the agreement shall be made unless

approved in writing by the Review Board.

(5) Any rights and duties pertaining to the foster carer in

accordance with the foster care agreement, shall not be perceived to be

seen as a permanent right or duty.

(6)

The agreement may be terminated by the Agency or the foster

CHILD PROTECTION (ALTERNATIVE CARE)

carers, as the case may be, for any one of the following reasons

(a) the foster carers do not conform with the foster care

agreement; or

(b) the Fostering Board decides that the foster carer is no

longer suitable to provide foster care; or

(c) the foster care placement is no longer in the best interest

of the child; or

(d) where circumstances make it difficult for the foster carers

to continue with the care of the child in their care.

(1) During a foster care placement the Agency shall

designate a social worker to monitor a foster carer registered with it.

(2) The social worker shall draw up a Review Report at least once

every two years so that it may determine whether the foster carer is

fulfilling the obligations in accordance with the provisions of this Act

and the foster care agreement and whether such carer should be

allowed to continue caring for the child. This report shall be drawn up

before the two year period has elapsed if the foster carer needs to be

assessed before the expiration of this period.

(3) For the purposes of drawing up the Review Report, the social

worker shall carry out the necessary home visits. The visits may be

unannounced and the foster carer shall not refuse entry, shall cooperate

with the social worker and shall provide correct information to the best

of his knowledge. The social worker carrying out the visit shall be

entitled to be assisted by a member of the Police Force in case of any

hindrance or obstruction in the exercise of such duty.

The duties and entitlements of foster carers listed in the foster

care agreement shall in all cases include the following

(a) to facilitate contact between the child and his family and

any other person that the Review Board may deem

necessary in the best interests of the child;

(b) to receive any relevant information, including medical

information, about the child being placed in their care

and ensure that any such information is kept confidential;

(c) to receive such financial assistance as may be required

for the care and upbringing of the child;

(d) to receive adequate support services;

(e) to co-operate with all entities and individuals concerned

and to furnish them with such information as they may

reasonably require;

(f) to ensure that the child attends to any treatment, which

the Review Board may determine is necessary for the

well-being of the child;

(g) to attend together with the child to the reviews before the

Review Board and shall keep such Board updated on the

progress that the child is making and of any other

significant events;

(h) to give the Agency and the Review Board at least two

CHILD PROTECTION (ALTERNATIVE CARE)

months’ prior notice of any intended change in their

normal place of residence;

(i) to apply to the Review Board for permission to travel

with the child in their care;

(j) to ensure that such child is brought up in an environment

which is conducive to psychological security as well as to

physical well-being;

(k) to provide to the child a balanced diet and maintain

standards of hygiene to the satisfaction of the Care

Standards Authority;

(l) to respect and facilitate his right to practice the religion

of his choice;

(m) to report all incidents, accidents, abscondments, incidents

of truancy, injury, sickness or death immediately as they

occur to the Agency and the Review Board;

(n) to participate in on-going training; and

(o) to comply with any other duty as may be imposed on

them under this Act or any other law or regulation.

TITLE V

OF RESIDENTIAL CARE

(1) Where the placement of a child in foster care is not in the

best interest of the child, such child shall be accommodated in a

residential home.

(2) A residential home shall have the responsibility to promote the

development and well-being of the child placed under its care.

Without prejudice to any other duties and responsibilities

arising from this Act or from any other law or regulation, residential

homes shall be responsible to

(a) ensure that the placement into residential care is effected

in the most desirable manner for the child;

(b) ensure that the child under its care receives all those

rights pertaining to all children in the pursuit of his well-

being and development and in the attainment of his

aspirations;

(c) adequately cater for the needs of the child, including the

provision of food, clothing, medical services, space and

privacy commensurate with the child’s age and stage of

development;

(d) collaborate with the social worker assigned for the child;

(e) report to the key social worker and the Review Board of

all incidents, which may have a bearing on the care plan

of the child;

(f) develop individual case records, which shall include

periodic reports relating to the development of the child;

(g) facilitate contact between the child and his family

according to the family plan or decision by the Revision

CHILD PROTECTION (ALTERNATIVE CARE)

Board;

(h) provide residential services according to the standards,

criteria and procedures established by the Care Standards

Authority in regulations to this effect;

(i) keep a register of children placed under its care;

(j) provide initial and on-going training to its staff;

(k) notify the Agency of any requests made directly to it for

the placement of a child in its care; and

(l) develop, maintain, update and execute written policies,

procedures and manuals.

A residential care placement shall only take place subsequent

to an agreement entered into between the Agency and the Head of the

residential home.

TITLE VI

OF THE RIGHTS OF THE CHILD IN ALTERNATIVE CARE

(1) A child in relation to whom the provisions of this Act

apply shall be cared for, maintained, instructed and educated according

to the child’s abilities, aspirations and natural inclinations. The child

shall at any time also have access to the social worker who is taking

care of the placement in alternative care.

(2) Without prejudice to the generality of the rights referred to in

sub-article (1), and to any such other right or rights to which the child

may be entitled, the said child shall in particular also have the

following rights

(a) to be consulted in all decisions affecting him in a manner

appropriate to his age and understanding;

(b) to have access to information on the situation of his

family members in the absence of contact with them;

(c) to maintain personal relations and direct contact with his

parents, and with any such other person close to him,

unless it is contrary to the child’s best interests;

(d) to receive nutrition in accordance with the relevant

dietary standards, as well as with the child’s religious

beliefs;

(e) to receive appropriate medical care and psychological

support;

(f) to have access to education;

(g) to have his specific safety, health, nutritional,

developmental and other needs catered for;

(h) to freely decide which religion to pursue and to have his

religious and spiritual needs satisfied accordingly;

(i)

to have his privacy respected; and

(j)

to have a positive, safe and nurturing relationship with

his alternative carers.

(3)

The Minister shall from time to time by regulations update the

CHILD PROTECTION (ALTERNATIVE CARE)

rights mentioned in this article. The Minister shall also ensure that a

copy of the said rights, and any updated versions thereof, is written in

a language that children understand and that such a copy is

immediately given to the child in relation to whom the provisions of

this Act apply.

PART III

OF APPEALS

TITLE I

OF THE COURT OF APPEAL

(1) Subject to the provisions of this article, any party to the

proceedings who feels aggrieved by any decision of the Court of

Magistrates may appeal to the Court of Appeal, in its inferior

jurisdiction.

(2) The appeal shall be brought before the Court of Appeal by an

application to be filed within ten working days from the day on which

the decision was delivered.

(3) The appellant shall indicate in the application of appeal the

parties against whom the appeal is directed. The application shall be

served on all the parties and such parties shall, within the period of

eight working days, file their respective reply containing the reasons

why the appeal should be dismissed.

(4) The Court of Appeal shall appoint a day, not later than thirty

days from the date of service of the application, for hearing the parties,

and final judgment shall be delivered within sixty days from the

appointment of the day for hearing.

(5) The Court of Appeal may confirm or revoke the decision of

the court, and impose such other measures as it may deem fit, and

shall, upon delivering its final judgment, send all proceedings back to

the Court of Magistrates to deal with the case in accordance with

articles 22, 23 or 24, as the case may be.

(6) No further appeals shall lie from any decision made in

accordance with article 23(4).

(7) An appeal made under this article shall not stay the execution

of the decision appealed from.

(8) Save as otherwise provided in this Act, the provisions

contained in the Code of Organization and Civil Procedure

concerning the Court of Appeal shall be applicable to the Court of

Appeal when hearing appeals from a decision of the Court of

Magistrates

Provided that causes shall always be tried with closed doors, in

which case the order of the Court of Appeal shall be recorded.

TITLE II

OF THE BOARD OF APPEAL

(1) There shall be a Board of Appeal which shall consist of

three members as follows

(a) one person shall be a Chairperson who shall have a

CHILD PROTECTION (ALTERNATIVE CARE)

warrant to practise the profession of advocate in Malta

for at least five years; and

(b) two persons who shall have at least five years of

professional experience in child welfare.

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

Minister for a period of three years, and may be removed from office

by the Minister on grounds of proved inability to perform the functions

of their office or of proved misbehaviour.

(3) A member of the Board of Appeal may be challenged or may

abstain for any of the reasons for which a judge may be challenged or

may abstain in accordance with article 734 of the C o d e o f

Organization and Civil Procedure. In any such case, the Minister

shall appoint another person to sit as a member on the Board of Appeal

in substitution of the said member for the duration of the appeal in

question.

(4) A person shall not be qualified to be appointed or continue to

hold office as a member of the Board of Appeal if that person is a

Judge, a Magistrate, a member of the House or of a Local Council, or a

candidate for election to the House or a Local Council.

(1) The Board of Appeal shall be competent to

(a) review decisions of the Fostering Board upon an appeal

filed in accordance with article 34(1)(a), (b), (c) and (f);

(b) review decisions of the Care Standards Authority

refusing, revoking or suspending registration; and

(c) undertake any other function as the Minister may

designate by regulations made by virtue of this Act.

(2) In order to carry out its duties, the Board of Appeal shall have

access to all documentation pertaining to the foster care procedure and

it shall be unlawful for any person to hinder it in the carrying out of its

functions.

(3) The Board of Appeal shall have such powers as are, by the

Code of Organization and Civil Procedure, vested in the Civil Court,

First Hall.

(4) Without prejudice to sub-article (3), in the exercise of its

functions, the Board of Appeal may summon any person to give

evidence and produce the necessary documentation. For this purpose

the Chairperson shall have the power to administer the oath.

(5) The Board of Appeal shall decide an application for appeal by

not later than six weeks from the date of the filing of the application,

unless in the opinion of the Chairperson a longer period is necessary

for a valid reason, which must be stated and registered in the

proceedings of the case.

(6) A decision given by the Fostering Board or by the Care

Standards Authority shall have immediate effect unless the Board of

Appeal decides to suspend it until it has given the final judgment.

(7) The decision, and the reasons thereof, of the Board of Appeal

shall be recorded in writing and shall be communicated in writing to

the applicants, the Fostering Board and the Care Standards Authority

CHILD PROTECTION (ALTERNATIVE CARE)

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

such decision.

(8) In cases falling under the jurisdiction of the Board of Appeal

in accordance with sub-article (1), there shall be a right of appeal on a

point of law. Such appeal shall be made by an application to the Court

of Appeal constituted in accordance with article 41(9) of the Code of

Organization and Civil Procedure. Such application shall be filed by

not later than fifteen working days from the date of the decision of the

Board of Appeal.

PART IV

OF CHILD SOCIAL WORK

(1) Where the court makes in respect of a child any of the

orders mentioned in articles 18 and 19 it shall notify the Agency of

such order and the Agency shall appoint a key social worker.

(2) Without prejudice to any other duties arising under this Act, or

any other law or regulations, the duties of the key social worker shall

include

(a) to maintain with the child an interpersonal relationship;

(b) to visit the child at regular intervals;

(c) to monitor the child's placement and assess his well-

being;

(d) to co-ordinate and follow up progress of the care plan;

(e) to keep detailed records on each looked after child;

(f) to participate in any review of the child’s case and report

to the Review Board as to the well-being of the child;

(g) to appear before, and report and make recommendations

to, the Review Board on matters relating to the child

including the possibility of reintegrating the child with

his family or, otherwise, on the suitability of the form of

alternative care selected for the child and on the

development and implementation of the care plan;

(h) to report to the Director, and to such other competent

authorities, cases of alleged abuse, if any, in relation to

the child and any other serious incidents relating to his

well-being; and

(i) to fulfil the conditions of the care plan concerning the

provision of support services to the child, or of any other

service as set out in the care plan.

(1) Where the parents of a child make arrangements to place

such child in the care and custody of another person or entity, such

other person or entity shall give notice of the arrangements to the

Agency.

(2) Upon notification in terms of sub-article (1) the Agency shall

appoint a social worker to visit and examine the premises in which the

child is about to be kept and to determine whether the person or entity

that is about to receive such child is fit to have his care. For this

purpose, the social worker shall draw up a report and shall thereupon

CHILD PROTECTION (ALTERNATIVE CARE)

give notice of the arrangements, together with the report, to the

Review Board.

(3) Where the Review Board is satisfied that the person or entity

that is about to receive the child is fit to have his care and that the

premises in which such child is about to be kept are adequate for his

needs, the board shall direct the social worker to prepare a care plan

and the provisions of article 12(1), (2) and (5) shall mutatis mutandis

apply.

(4) The care plan shall in all cases be prepared with the

participation of the child, if considered as having sufficient

understanding, and with the participation of any such other person or

entity as the Agency may deem appropriate in the circumstances of the

case.

(5) The Review Board shall review the said care plan at least once

every six months. The Board shall hear at regular intervals all

professionals involved, the child, if considered as having sufficient

understanding, the parents of such child, the person or entity that has

received the child in its care, and any such other person as it may deem

appropriate to hear in the circumstances of the case.

(6) The social worker shall, in relation to the child, be subject to

the same duties as provided in article 48(2).

PART V

OF OFFENCES

(1) Any unauthorised person or any unauthorised

organisation that makes an arrangement for the placement of a child in

foster care shall be guilty of an offence and shall on conviction be

liable to imprisonment for a term of not less than six months and not

exceeding three years or to a fine (multa) of not less than two thousand

euro (€2,000) but not more than five thousand euro (€5,000), or to both

such fine and imprisonment.

(2) For the purposes of sub-article (1), a person or organisation

shall be deemed to make arrangements for the placement of a child in

foster care if it enters into any agreement or makes any arrangements

for facilitating the fostering of a child.

Any person or organisation that establishes, operates or

maintains a residential home, or provides, directly or indirectly,

residential care without the written approval of the Care Standards

Authority shall be guilty of an offence and shall on conviction be

liable to imprisonment for a term of not less than twelve months and

not exceeding four years or to a fine (multa) of not less than five

thousand euro (€5,000) but not more than ten thousand euro (€10,000),

or to both such fine and imprisonment.

(1) Any person who makes or gives, or agrees or offers to

make or give, or receives or agrees to receive, or attempts to obtain

any payment or other reward for or in consideration of any

arrangements for a foster care placement shall be guilty of an offence

and shall, on conviction be liable to imprisonment for a term of not

less than three months and not exceeding six months or to a fine

CHILD PROTECTION (ALTERNATIVE CARE)

(multa) of not less than one thousand and two hundred euro (€1,200)

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

both such fine and imprisonment, in addition to any order deemed fit

in the circumstances in order to protect the child in respect of whom

the offence was committed.

(2) For the purposes of this article, the making of any

arrangements for the placement of a child in foster care shall not

include any payments made for the maintenance of the child or

remuneration to professionals for services rendered by them.

(1) Without prejudice to any regulations made under this

Act, a person shall not publish or cause to be published in any

newspaper, periodical or any other printed matter or by means of

broadcasting, television, public exhibition or by any other means or

medium, any advertisement, news item or other matter indicated,

whether or not in relation to a particular child, born or unborn, that

(a) a child may be placed in alternative care;

(b) a person intends to care for a child placed in alternative

care; or

(c) a person intends to make arrangements for the placement

of a child in alternative care.

(2) Without prejudice to any regulations made under this Act, a

person shall not publish or cause to be published in any newspaper,

periodical, any other printed matter or by means of broadcasting,

television, public exhibition or by any other means or medium

(a) the name of an alternative carer where the history of the

child who is or will be placed in alternative care can lead

to the child’s history to be revealed;

(b) the name of a child who is or will be placed in alternative

care;

(c) the name of a parent, curator or tutor of the child who is

or will be placed in alternative care; or

(d) any matter likely to enable any of the persons mentioned

in paragraphs (a), (b) and (c) to be identified.

(3) Any person who acts in breach of this article shall be guilty of

an offence and shall, on conviction, be liable to imprisonment for a

term of not less than three months and not exceeding six months or to a

fine (multa) of not less than one thousand and two hundred euro

(€1,200) but not more than two thousand and five hundred euro

(€2,500), or to both such fine and imprisonment, without prejudice to

any payment of damages that are deemed fit in the circumstances.

A person shall be guilty of an offence and shall on conviction

be liable to imprisonment for a term of not less than three months and

not exceeding six months or to a fine (multa) of not less than one

thousand and two hundred euro (€1,200) but not more than two

thousand and five hundred euro (€2,500), or to both such fine and

imprisonment, if such person

(a) threatens or forces any authorised or approved alternative

care provider to give up a child placed in their care;

CHILD PROTECTION (ALTERNATIVE CARE)

(b) takes the child away from any authorised or approved

alternative care provider without the approval in writing

of the board, or the court, or the agency or any other

relevant authority, as the case may be;

(c) threatens or forces any authorised or approved alternative

care provider to give up to any order issued by any court

of law or issued by virtue of this Act;

(d) threatens or forces any authorised or approved alternative

care provider to act in breach of the provisions of this

Act;

(e) threatens or causes any type of damage to any authorised

or approved alternative care provider; or

(f) forces entry into the premises of any authorised or

approved alternative care provider.

Any person who in any way hinders or obstructs any of the

boards, authorities, agencies or other entities established or licensed

under this Act in the performance of any of their functions shall be

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

for a term of not less than six months and not exceeding one year or to

a fine (multa) of not less than one thousand and five hundred euro

(€1,500) but not more than two thousand and five hundred euro

(€2,500), or to both such fine and imprisonment.

(1) If any child, in relation to whom any child protection

order is made, absconds from the premises at which he is required to

live, or is absent from such premises at a time when he is not permitted

to be so absent, he may be apprehended without warrant by any

member of the Police and taken back to such premises.

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

any way aids or abets any such child to abscond or to become or

continue to be absent as mentioned in sub-article (1) shall be guilty of

an offence and shall be liable, on conviction, to imprisonment for a

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

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

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

both such fine and imprisonment.

Where any person acts in breach of any provision of this Act

or any regulations made thereunder, and a specific penalty is not

provided for the offence under this Act or any regulations made

thereunder, such person shall, on conviction, be liable to a fine (multa)

of not less than two hundred and fifty euro (€250) but not more than

two thousand and five hundred euro (€2,500).

PART VI

OF REGULATIONS

The Minister may make regulations

(a) for the protection, supervision and control of children

placed in alternative care;

(b) for the registration, monitoring and control of alternative

CHILD PROTECTION (ALTERNATIVE CARE)

care services and for the refusal or revocation of such

accreditation;

(c)

for the agreement for the placement of a child in

alternative care;

(d)

to provide for any rights and duties pertaining to

alternative carers;

(e)

to provide for the rights of children;

(f)

to establish the services which a residential home is

required to provide;

(g)

to regulate the different types of alternative care;

(h)

to establish penalties for breach of the provisions of this

Act;

(i)

to establish the procedure to be followed by the boards

established under this Act and to lay down the rules on

their powers;

(j)

to establish the conduct of affairs of the Agency

responsible for the development and well-being of

children;

(k)

to provide for any after-care services;

(l)

for any incidental and supplementary matter, which the

Minister considers expedient to provide for, for the

effective implementation of the provisions of this Act.

PART VII

FINANCIAL PROVISIONS

(1) The expenses required by the Director and the Agency to

exercise their respective functions under this Act and other laws, as

may be fixed by the Minister in accordance with this Act, shall be a

charge on the Consolidated Fund without the need of any further

appropriation other than this Act.

(2) Where during the course of any financial year the sum fixed

by the House of Representatives is, in the opinion of the said entities,

insufficient to enable them to efficiently fulfil their functions, such

entities shall each prepare supplementary estimates for consideration

by the House of Representatives.

(3) The said entities shall cause to be prepared in every financial

year, and shall not later than six weeks after the end of each such year

adopt, estimates of the income and expenditure of such entities for the

next following financial year

Provided that the estimates for the first financial year of the

said entities shall be prepared and adopted within such time as the

Minister may by notice in writing to such entities specify.

(4) A copy of the estimates shall, upon their adoption by the

respective entities, be sent forthwith by them to the Minister and to the

Minister responsible for Finance.

(5) The Minister shall at the earliest opportunity and not later than

six weeks after he has received a copy of the estimates from the

entities, approve the same with or without amendment after

CHILD PROTECTION (ALTERNATIVE CARE)

consultation with the Minister responsible for Finance.

(1) The Director and the Agency shall respectively cause to

be kept proper accounts and other records in respect of their operations

under this Act and other laws and shall cause to be prepared a

statement of accounts in respect of each financial year.

(2) The accounts of the said entities shall be audited by an auditor

or auditors to be appointed by them respectively and approved by the

Minister

Provided that the Minister responsible for Finance may, after

consultation with the Minister, require the books or the accounts of the

said entities to be audited or examined by the Auditor General who

shall for the purpose have the power to carry out such physical

checking and other certifications as he may deem necessary.

(3) After the end of each financial year, and not later than the date

on which the estimates of the entities are forwarded to the Minister

under article 59(3), the entities shall respectively cause a copy of the

statement of account duly audited to be transmitted to the Minister and

to the Minister responsible for Finance together with a copy of any

report made by the auditors on that statement or on the accounts of

such entities.

(4) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such statement

and report, or if at any time during that period the House of

Representatives is not in session, within eight weeks from the

beginning of the next following session, cause every such statement

and report to be laid on the Table of the House of Representatives.

(5) The said entities shall, not later than six weeks after the end of

each financial year, make and transmit to the Minister and to the

Minister responsible for Finance a report dealing generally with their

activities during the financial year, which report shall contain such

information relating to the proceedings and policy of such entities as

either of the said Ministers may from time to time require. The

Minister shall, at the earliest opportunity and not later than eight

weeks after he has received a copy of every such report, or if at any

time during that period the House of Representatives is not in session,

within eight weeks from the beginning of the next following session,

cause a copy of every such report to be laid on the Table of the House

of Representatives.

PART VIII

TRANSITORY PROVISIONS

(1) If, prior to the date of entry into force of this Act, any

report has been lodged with the Government agency currently

designated by the Minister to protect the welfare of children, such

agency shall conclude any pending investigation within the term of six

months from the date of entry into force of this Act.

(2) The said term may, on the demand of such agency, be extended

by the Director for an additional term of three months, and where the

matter is such that the determination of the true nature of the case

depends upon the lapse of a longer period of time, to such longer

CHILD PROTECTION (ALTERNATIVE CARE)

period.

(3) The demand referred to in sub-article (2) shall be made in

writing and the agency shall state the reasons for which it is making

such demand. The Director shall accede to the said demand if in the

particular circumstances of the case he sees it fit to do so.

(1) The Magistrate who, in accordance with this Act and in

accordance with the Magistrates (Assignment of Duties) Regulations,

is to take cognizance of any act or application, shall, on the coming

into force of this Act, take cognizance of those acts or applications that

immediately before the coming into force of this Act were pending

before the Juvenile Court in accordance with article 4(3) of the

Children and Young Persons (Care Orders) Act, and the procedure to

be followed in respect of each act or application shall be that which is

stipulated under this Act.

(2) Nothing in sub-article (1) shall invalidate any procedure

whether written or oral, which may have been made before the coming

into force of this Act and which was valid according to the law in force

on the date when made.

All applications for review filed in the Juvenile Court in

accordance with article 4(5) of the Children and Young Persons

(Care Orders) Act, Act before the coming into force of this Act shall

continue to be heard by the said Court until they are so determined

Provided that an appeal under article 45, from a decision of the

Juvenile Court made under article 4(5) of the Children and Young

Persons (Care Orders) Act, shall lie to the Court of Appeal upon the

lapse of eighteen months from the date on which the Juvenile Court

delivers its judgment.

All cases pending before the Children and Young Persons

Advisory Board under the provisions of the Children and Young

Persons (Care Orders) Act, before the coming into force of this Act,

shall be heard by the Child Care Review Board upon the coming into

force of this Act.

The Children and Young Persons (Care Orders) Act, the

Foster Care Act and the Placing of Minor Regulations are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.