49 tal-1985

L.N. 49 of 1.\185

C HILDR EN AND YOUNG PERSONS (CARE ORDERS) ACT, 1980

(ACf NO. XVIII 01" 19110)

Children and YOllDg PeIWl!.S (Care OrdUllJ Regulation'!, 1985

IN ex.ercise of the powers conferred by section 13 of the Children

and Young Persons (Care Orders) Act, 1980, the Minister of Labour

and Social Services has made the follOwing reguJations:-

These regulations may be cited as the Children and Young Ci1a1"'n.

Persons (Care Orders) Regulations, 1985.

In these regulations -

'·Act'· means the Children and Young Persons (Care Orders)

Act, 1980;

"Care Order" means a Care Order made under the Act, and in

thc fonn set out in the Schedule to these regulations;

"Director" means the Dirtttor of Social Services;

··gainfully occupied" means engaged in any form of activity

from which earnings ex.ceeding the remuneration payable in respect

of the child or young pe~n in terms of paragraph (4) of regulation

8 of these regulations arc derived.

J.

(I) When the Director becomes aware of any objection by the

person exercising parental authority over, or the guardian of, a child or

young person, to a Care Order made by the Minister under subsection

(1) of section 4 of the Act. he shall. as soon as may be but in any case not

later than seve n days from Ihe date on which he shall have become aware

as aforesaid, refer the case 10 the Juvenile Court by means of a written

communication addressed to the Registrar of that Court.

(2) The communication referred to in the foregoing para-

graph of this regulation shall be accompanied by -

(a) a copyofthe relevant Care Order signed by the Minister;

(b) if the objection was made in writing, a copy of the said

objection: if the objection was made orally. a written statement

containing the substance of such oral objection;

(c) a copy of the wri tten representations made by the Direc-

tor to the Mim~ter under subsection (I) of section 4 of the Act

(d) a wrilten statement indicating the pe~ns. including the

parents and the guardian. if any , heard by the Minister or given an

opport unity to express their views in terms of subsection (I) of

section 4 of the Act and before the Care Order was made; and

(e) a list of pe rsons (with their addresses) who in the opinion

of the Director could be of assislance {a the Juvenile Court in

reviewing the case.

(I) Save as hereinafter provided. the manner and the time

within which the J uvenile Court shall review a case as provided in

su bsec tion (4) of section 4 of th e Act shall be in accordance with the

provisions of the Juvenile Court Act, 1980 ,

(2) The J uvenile Court shall hold a sitting 10 review a case as

soon as may be. but in any case not later than seven da)'5 from the date

on which the Registrar of that Court shall have received from the

Director the written communication referred to in the foregoing regu-

lation.

(3) The Juvenile Court shall deal with the case as expedi·

tiously as possible, a nd shall in any case reach its decision not late r than

twenty-one days from the dale of the first sitt ing referred to in the

forego ing paragraph of this regulation.

(4) Saving th e provisions of subsections (2 ), (3) and (4) of

section 77 of the Code of Organisation and Civil Procedure, it shall be

lawful for th e Minister and forthe person objecting to the Care Ordcr 10

be represented by an Advocate or a Legal Procurator and such

Advocate or Legal Procurator may examine or cross-cxamine witnesses,

produce evidence and make in suppo rt of or against the Care O rder any

ot her submissions which the Court may consider admissible

Provi ded that the Minis ter shall not be required to be present

in person during any sitting of the Juvenile Court, except when his

evidence is required.

(5) Proceedings before the Juvenile Court for the review of

cases as provided in subsection (4) of section 4 of the Act shall be

deemed to be civil proceedings: an d the burde n of proving that the Care

O rder shoul d be con rum ed shall, in every case, lie with the Minister.

(6) It shaH be lawful for the Juvenile Court to require further

evidence besides that submi tted by the Minister or the person objecting

to the Care Order and for such purpose the Juvenile Court may, ex

officio, summon any person to give evidence and order any document to

be produced

Provided that the Juvenile Court may not require any evidence

which would otherwise be inadmi ssable in a civil co urt

Provided furt her that nothing in thi s paragraph shall be con-

strued as affl.""Cting sections 587, 588, subsection (2) of section 589 and

subsection (3) of section 637 of the Code of Organisa tion and Civil

Procedure.

(7) Whenever the child or yo ung person in respect of whom

the Ca re Order has bee n made is required by th e parties or by the

Juve nile Co urt ex officio 10 give evidence, the said Court may, if it is

satisfied that in the special circumstances it is appropriate so 10 do , order

the parents and the guardi an, including the person making the objection

and any other relative of the said child or young person, to withdraw

from the cou rt while his evide nce is hea rd

Provided that if the person so excluded is the person makin g

the objection to the Care Order, the Juvenile Court shaH info rm him of

the ~ubslance of any allegations made against him or aga inst any of his

close relatives by the child or young person in the course of his depo-

si tion

Provided further that for the purpose of this paragraph a

person who lives or has lived for a period of two weeks or for periods

amounting in the aggregate to t\\o'O weeks with the person mak ing the

objection to th e Care Order shall. even though nOl related by blood or

marriage. be deemed to be a close relative of that person.

(8) No objection may be raised to the competence of the

Juvenile Court to review a case as provided in subsection (4 ) of section 4

of the Act on the grounds that the child or young person in respect of

whom he Care Order was made has. since the date whe n the said Order

was made but before the Ju ven ile Court has disposed of the case.

attained the age of sixteen years.

(I) The Board shall meet as and when necessary but shall

meet with urgency at the request of the Ministe r or of th e Director

conveyed to it through the Secretary of the Boa rd.

(2)

The Chairman and two other members shall constitute a

quorum.

(3) Decisions o f the Board shall be ta ken by a simple majo r-

ity of votes; howeve r, in the case of an equality of votes the Chairman

shall have a second or casting vote.

(4) Without prejudice to the provisions of subsection (4) of

section 10 and of subsection (3) of section II of the Act. the Board shall

make recommendations to the Minister with regard to the placement,

transfer or discharge of any child or young person in the care of the

M inister.

(5)' Every recommendation by the Board shall be copied to

the Director.

(6) The Board shall, by not later th an the fifteenth day of

February of each year. submit to the Minister a report of all its activities

during the preceding calendar year.

(I) It shall be the duty of any person or persons responsib le

for the home. hostel or instillltion with whom or in which a child or

you ng person has been boarded out or accommodated in aa:ordance with

the provisions of subsection (I) of section 10 of the Act to ensure that

such child or young person is tre~ted and brought up in an environment

which is normally to be found in a good Maltese fami ly and which is

conducive 10 psychological security as well as to physical well·being, so

as to promote nonnal and healthy developmen t. In particular. such

person or persons shan provide a balanced and nourishing diet and

maintain normally acceptable standards of hygiene to the satisfaction of

the Direno r; and shall further ensure that. without prejudice to any-

th ing contained in any othe r law. the child or young person atte nds

regula r rel igious services and receive religious instruction.

(2) The provisions of the foregoing paragraph of Ihis regu-

la tion shall. mUlalis mmQlldis. apply to the accommodation. main-

tenance or boarding DuI of a child Of young person under the OIhcr

provisions of section 10 of the ACL

The Director o r any We lfare Office r from his Department

shall -

(a) have the duty to inspcd any pre mises in which a child or

you ng person is accommodated o r boarded o ut to ensure that the

pro\isions of regulation 6 are being(X)fTIplied wi th ;

(b)

have the right at all reasonable times to visit and inter-

view children or young persons at the place wh ere they arc accom-

modated or boarded out;

(c) make arrangements as he may deem fit in the inlC: rest o f

the child o r young person for such child or young person 10 visi t or

10 be visited by his gua rdians, parents or other relatives at regular

intervals;

(d) give advice throughout the period in which a child or

young person is accommodated or boa rded out. and ma intain regu-

lar contact with the fa milies, re latives or guardians of such child or

yo ung person.

(I) Fortlle purpose of boarding out with 3 fit person 3child or

young person in accordance with the provisions of paragraph (b) of

sui)scction ( I) of section tOof the Act. th e Director shall keep a register

o f fit persons and shall be empowered to include therein or delele

the refrom such names as in his opinion should be so included or de leled .

(2) Except in the case of relatives closely relaled 10 the chil d

o r young person. such persons shall be married couples wilh a record of

sound matrimon ial relations.

(3) Notwithstanding the provisions of this regulation. no

child or young person shall be boarded out with a fit person unless the

laller would have qualificd to adopllhe child or young pe rson concerned

in terms of the provisions of Title III of Book First of the Civil Code.

(4) The Director shall pay, in respect of every child or young

perso n boarded OUI in acco rda nce wit h paragraph (h) of subsection (I)

of section JO of the Act, such remuneration as may from time to lime be

determined by the Minister in agreeme nt with the fi t person or the

management o f the institution concerned.

Provided tha t -

(i) no remuneration shall be payable by the Di rector in

respect o f any child or )'Oung person who is gainfully occupied. in

which case such child or young person shall be liable to contribute

to the person or institut ion with whom or with which he is boarded

out, a sum not exceeding the remuneration otherwise payable by

the Director in termsof this paragraph ;

(ii) notwithstand ing the provisions of regulation 14 of th e

Children's Allowances Regulations. 1975, no al lowance under

those regulations shall be payable in respect of a child or young

person in res~t of whom remuneration is payable by the Director

under this paragraph.

(5) In addition 10 the duties and responsibi lities contained in

regulation 6 of these regulations, any fit person and any private insti tu-

tion with whom or with which a child or young person is boarded out ,;s

to report all inciden ts. accidents. abscondmen[5, incidents of truancy,

injury, siekn es.s or death immediately as they occur to the Director or 10

a Welfare Offu.:cr from his Department .

(6) A fit person or a private institution with whom or with

which a child or young person is boarded out shall enter into a fonnal

agreement with the Director indicating the rights and responsibilities of

the fi t person or private insti tution. as the case may be. including any

condition which the Director may consider necessary at the time of the

signing of such agreement

SC HEDULE

PART [

Ref. No.

Children and Yoong Pef'!lOlIS (Care Orda"ll) Act. 1980

CARE ORDER

Sir/Madam,

Pursuant 10 the powers vested in me by section 4 of the Children and Young

Persons (Care Orders) Act, 198U I hereby order that

Name ........... ............. .. ............. .. ........... . .. ........ .

son/daughter of .. ..... . ... .. .......• . •... .............. .• .•............... .

born on ............. .

residing at . .. . ................... ... .• ....... . ........ . .. • • .......

shall be under my care in accordancc wilh the provisions of the said Act wilhe ffect from

the ............. ............................ .. .................... .. . ... . .

In your capacity as father/mother/gua rdi an of the said ............. . . ... . .. . .. .

if you object 10 thisCare Order you have a right 10 signify you r objection to the Director

of Social Services by not later than (21) twcnty-one days from the day of the receipt of

th is order.

Mi nisterof Labour and Social Services

Date

PART 11

.

Ref. No. ......... ..... .

Childreu and Young Persons (Caft Ortiers) Ad, 1980

INTERIM CARE ORDER

Sir/Madam,

In exercise of the powersconferrcd by section 5 of the Children and Young Persons

(Care Orders ) Act, 1980, I he reby o rder that

Nam e ............. .. ........ . .... .. ... ... .................. ........ ...... .

sonldaughtcr of ....... . ........ ......... ..• ••................ ••• ..... .. . . ..

born on ... ...... .. ... . .. .............. .. .. .. ........... .... ... .. .... ..... .

residing at ............... •• ................ .•• . .•.... ..... .... ....• • •......

..

sha ll be unde r my care in accordance with Ih e provil;io ns o f the said Act.

T his Inte rim Order shall remain operalive for (21) Iwenly-one days from th e dale

indi cate d he re unde r .

Dale

Ministeroflabour and Social Services

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