Regulations, 2005

L.N. 102 of 2005

CHILDREN AND YOUNG PERSONS (CARE ORDERS) ACT

(CAP. 285)

Children and Young Persons (Care Orders) (Amendment)

Regulations, 2005

IN exercise of the powers conferred by article 13 of the Children

and Young Persons (Care Orders) Act, the Minister for the Family and

Social Solidarity has made the following regulations>-

The title of these regulations is the Children and Young Persons

(Care Orders) (Amendment) Regulations, 2005 and they shall be read

and construed as one with the Children and Young Persons (Care Orders)

Regulations, 1985, hereinafter referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be amended as

follows>-

(a) immediately after the definition “Act”, which shall be

amended to read “the Act”, there shall be added the following new

definitions>-

“ “the Agency” means the Government Agency approved

and designated by the Minister<

“the Board” means the Children and Young Persons

Advisory Board<”<

(b) immediately after the definition “care order”, there shall

be added the following new definitions>-

“ “care plan” means a plan drawn up by the key social

worker in collaboration with others involved in the case in

the best interests of the child or young person<

“case review” means the meeting whereby the key social

worker and others involved in the case, review the

developments and significant changes in connection with the

child or young person<

“child protection case conference” means a conference

held among those involved in the case following the issue of

an interim care order for the purpose of establishing a care

plan to protect a child or young person, including the issue of

a care order or otherwise<”<

(c) for the definition “Director”, there shall be substituted

the following>-

“ “the Director” means the director responsible of the

department for social welfare or any person so delegated by

him for the purpose<”<

(d) immediately after the definition “the Director”, there

shall be added the following new definition>-

“ “fit person” means a person verified as such by the

Agency<”<

(e) in the definition “gainfully occupied”, for the words “in

terms of regulation 8 (4) are derived.” there shall be substituted

the words “in terms of regulation 12 (4) are derived<”<

(f) immediately after the definition “gainfully occupied”,

there shall be added the following new definitions>-

“ “interim order” means an order made under the Act,

and in the form set out in Part II of the Schedule to these

regulations<

“key social worker” means the worker appointed by the

Agency to draw up, co-ordinate and follow up progress of a

care plan<

“the Minister” means the Minister responsible for social

policy.”.

Regulations 3, 4, 5, 6, 7 and 8 of the principal regulations Renumbers

regulations 3 to 8 of

shall be renumbered as regulations 4, 5, 9, 10, 11 and 12 thereof the principal

regulations.

respectively.

Immediately after regulation 2 of the principal regulations, Adds new

regulation 3 to the

there shall be added the following new regulation>-

principal

regulations.

“Representative

3. “For the purposes of article 4 (1) of the Act, the

parents and Minister may delegate a representative to hear the parents

and the guardian, if any, of the child or young person, or the

same child or young person or any other person the Minister

deems likely to assist the child or young person.”.

In sub-regulation (2) of regulation 5 as renumbered of the

principal regulations, for the words “referred to in regulation 3.” there

shall be substituted the words “referred to in regulation 4>” and

immediately thereafter there shall be added the following proviso>-

“Provided that prior to the sitting, the Registrar of the Court

shall notify the parties of the date, hour and location of the hearing.”.

Immediately after regulation 5 as renumbered of the principal

regulations, there shall be added the following new regulations 6, 7 and

6. In all cases a child or young person who is under

care

of the Minister shall have the right to be represented

by an advocate appointed by the Minister for the purpose of

examining or cross examining witnesses, producing evidence

and making any other submissions as deemed necessary.

Following the issue of a care order in respect of a

child or young person, a key social worker shall be appointed

to follow the development and well-being of such child or

young person and for such purpose such key social worker

shall inter alia>-

(a) visit the child or young person at regular

intervals<

(b) monitor the child or young person’s placement

and assess his well-being<

(c) ensure that the child or young person’s

educational and medical needs are taken care of<

(d) ensure the provision of such other requirement

which the child or young person may need<

(e) hold a case review every six months or during

any such other lesser period as may be required for the

purpose of hearing the professionals involved, the child

or young person, the parents and the foster carers, if any,

of the child or young person, the carers of the residential

homes in which such child or young person may be

residing, and any other significant person as determined

by the key social worker following consultation with

the professionals involved<

(f) establish a care plan for the child or young

person giving details of the tasks to be accomplished,

the services to be provided to the child or young person

and the intended outcome of such care plan<

(g) ensure the provision of support and

counselling to the child or young person, where and when

necessary<

(h) act on reported episodes of alleged abuse, if

any, of the child or young person<

(i) establish the possibility or otherwise of re-

integrating the child or young person with the natural

family or of placing the child or young person with a

foster family<

(j) send a copy of the reports of the case review

to the Board<

(k) prepare a report for the Board, establishing a

care plan for the child or young person and the significant

recommendations necessary in the best interests of the

child or young person<

(l) inform the Board of any serious incident

relating to the well being of the child or young person<

(m) appear at Board hearings to provide any

additional information, as may be necessary, for the

Board to reach its recommendations.

For the purpose of making the recommendations

established in article 11(3) of the Act, the Board shall receive

the report mentioned in regulation 6 from the key social

worker of the child or young person establishing a care plan

for the child or young person. The Board shall, in all cases

when making recommendations to the Minister, attach the

aforementioned report.”.

7. Regulation 9 as renumbered of the principal regulations shall Amends regulation

9 as renumbered of

be amended as follows>-

the principal

regulations.

(a) in sub-regulation (4) for the words “in the care of the

Minister.” there shall be substituted the words “in the care of the

Minister>” and immediately thereafter there shall be added the

following proviso>-

“Provided that in the event that the Board does not

approve the proposed care plan, it shall send a copy to the

Agency of its views that led to the recommendation sent in

writing to the Minister.”<

(b) sub-regulation (5) thereof shall be deleted< and

(c) sub-regulation (6) thereof shall be renumbered as sub-

regulation (5).

8. For regulation 11 as renumbered of the principal regulations,

there shall be substituted the following>-

“11. (1)

The Director shall>

(a) have the duty to inspect any premises in which a

child or young person is accommodated or boarded out to

ensure that the provisions of regulation 10 of the principal

regulations are being complied with<

(b) have the right to visit and interview children or

young persons at the place where they are accommodated.

(2) Without prejudice to sub-regulation (1) hereof, the

Head of Agency or his representative shall>-

(a) visit and interview children or young persons at

the place where they are accommodated or boarded out<

(b) make arrangements as he may deem fit in the

interests of the child or young person for such child or young

person to visit or to be visited by his guardians, parents or

other relatives at regular intervals<

(c) maintain regular contact with the families, relatives,

guardians or interested persons of such child or young person

and make referral for suitable support services<

(d) monitor the child or young person’s educational

progress, and follow up the child or young person’s

development and well-being<

(e) make arrangements for the provision of the

necessary support and therapeutic intervention to the child or

young person, when so required<

(f) re-integrate the child or young person with the

natural family, where such re-integration is in the best interest

of such child or young person<

(g) promote contact with the natural family if re-

integration is not possible or otherwise not beneficial to the

child or young person, if such contact is beneficial to the child

or young person<

(h) take all necessary measures to find a stable

placement for the child or young person, preferably in a family

environment<

(i) review the placement arrangements of a child or

young person.”

For regulation 11 as renumbered of the principal regulations, Amends regulation

12 as renumbered of

there shall be substituted the following>-

the principal

regulations.

“12. (1) For the purpose of boarding out with a fit person

a child or young person in accordance with the provisions of article

10 (1) (b) of the Act, the Head of Agency shall keep a register of

fit persons and shall be empowered to include therein or delete

therefrom such names as in his opinion should be so included or

deleted.

(2) The Head of Agency shall pay, in respect of every

child or young person boarded out in accordance with article 10

(1) (b) of the Act, such remuneration as may from time to time be

determined by the Minister in agreement with the fit person or the

management of the institution concerned>

Provided that -

(i) no remuneration shall be payable by the Head of

Agency in respect of any child or young person who is

gainfully occupied, in which case such child or young person

shall be liable to contribute to the person or institution with

whom or with which he is boarded out, a sum not exceeding

the remuneraton otherwise payable by the Head of Agency

in terms of this regulation<

(ii) notwithstanding the provisions of regulation 13 of

the Children’s Allowances Regulations, 1987, no allowance

under those regulations shall be payable in respect of a child

or young person in respect of whom remuneration is payable

by the Head of Agency under this regulation.

(3) In addition to the duties and responsibilities

contained in regulation 10 hereof, any fit person and any private

institution with whom or with which a child or young person is

boarded out, is to report all incidents, accidents, abscondments,

incidents of truancy, injury, sickness or death immediately as they

occur to the Head of Agency or the key social worker which he

may delegate in his stead.

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

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

a formal agreement with the Head of Agency indicating the rights

and responsibilities of the fit person or private institution, as the

case may be, including any condition which the Head of Agency

may consider necessary at the time of the signing of such

agreement.”.

The Schedule to the principal regulations shall be amended

as follows>-

(a) in Part I thereof, for the words “Director of Social

Services” there shall be substituted the words “Director responsible

for social welfare” and for the words “Minister of Labour and Social

Services” there shall be substituted the words “Minister responsible

for social policy”< and

(b) in Part II thereof, for the words “Minister of Labour and

Social Services” there shall be substituted the words “Minister

responsible for social policy”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press