Children Regulations, 2018

L.N. 445 of 2018

SOCIAL CARE STANDARS AUTHORITY ACT

(CAP. 582)

Social Regulatory Standards on Adoption of

Children Regulations, 2018

IN EXERCISE of the powers conferred by article 30(5) of the

Social Care Standards Authority Act, the Minister for the Family,

Children’s Rights and Social Solidarity, has made the following

regulations:-

The title of these regulations is the Social Regulatory Citation.

Standards on Adoption of Children Regulations, 2018.

(Regulation 2)

Standard 1: Children’s Rights and Involvement

Standard Statement

This standard promotes the upholding of children’s rights by

involving and supporting children throughout pre-adoption

proceedings as well as post adoption.

Quality Indicators

1. For local adoptions, the Accredited Agency helps

children understand the adoption proceedings and supports

children to express their opinions and feelings in an age

appropriate manner.

2. For local adoptions, the Accredited Agency supports

children throughout the transition and placement within an

adoptive family.

3. For local and intercountry adoptions, the Accredited

Agency monitors and supports the children who have been

adopted through its services.

These regulations by means of the Schedule, elevate the Scope.

Social Regulatory Standards on Adoption of Children, to the status of

subsidiary legislation under the Social Care Standards Authority Act.

In these regulations, unless the context otherwise requires

Interpretation.

''Accredited Agency'' as defined within the Adoption Cap. 495.

Administration Act means an organisation which is accredited by

the Central Authority, in accordance with The 1993 Hague

Convention on the Protection of Children and Cooperation in

respect of Intercountry Adoption, to carry out local and/or

intercountry adoption;

''Adoptees'' means a person or persons who were adopted

before they reached the age of eighteen (18);

''Adoption'' as defined within the Adoption Administration Cap. 495.

Act means a local or an intercountry adoption made in

accordance with the provisions of the Civil Code, the provisions Cap. 16.

of the Adoption Administration Act and any regulations made Cap. 495.

thereunder;

''Adoption Board'' means the Board established by virtue of

article 3 of the Adoption Administration Act;

''Adoptive parents'' means a person or persons who adopted

children;

''Adult adoptees'' means a person or persons who were

adopted before they reached the age of eighteen (18) and who are

now older than eighteen (18) years of age;

''Applicants'' means a person or persons who apply with an

Accredited Agency to adopt children, but who have not yet been

approved as eligible and suitable prospective adoptive parents by

the Adoption Board;

''Birth family'' means the natural family;

''Birth parents'' means the natural mother and/or father;

''Board of Appeal'' means the Board established by virtue of

article 16 of the Adoption Administration Act or an

administrative board or other tribunal, which may be appointed

provisionally by the respective Minister to carry out all, or part

of the functions specified in the Adoption Administration Act;

''Central Authority'' means the Authority established by

virtue of article 7 of the Adoption Administration Act;

''Children'' as defined in the Adoption Administration Act,

means a person or persons under eighteen (18) years of age, as

stipulated within the standards, who are being considered for

adoption, are being adopted or have been adopted;

''Children’s opinion'' means a child or children’s expressed

thoughts and feelings that are sought after taking into

consideration the child’s age and level of understanding;

''Country of Origin'' in respect of intercountry adoption,

means the country from where a child is adopted;

''Court'' as defined by the Adoption Administration Act

means the Civil Court (Voluntary Jurisdiction Section);

''Intercountry Adoption'' as defined by the Adoption

Administration Act means an adoption effected in accordance

with the provisions of the Civil Code relating to adoption, the

provisions of the Adoption Administration Act and the law of a

foreign country

(a) in accordance with the 1993 Hague Convention

or any other International Treaty to which Malta is a State

party; or

(b) in Malta, in respect of a child not habitually

resident in Malta, or in favour of any person not habitually

resident in Malta;

''Local Adoption'' means an adoption that involves adoptive

parents and children that at the time of adoption are habitually

resident in Malta;

''Management'' means a person or persons who act on

behalf of the Accredited Agency to provide leadership to staff

and to oversee and control the proper functioning of the services

offered;

''Open Adoption'' as defined in the Adoption Cap. 495.

Administration Act means an adoption made in accordance with

article 22 of the Adoption Administration Act and article 119 of Cap.

495. the Civil Code, whereby children maintain contact with their

birth parents and/or birth family;

''Performance Indicator'' means an active descriptor of what

the Accredited Agency needs to do to ensure service outputs that

support the quality indicators;

''Prospective Adoptive Parents'' means a person or persons

that have been approved by the Adoption Board as eligible and

suitable to adopt children;

''Quality Indicator'' means a statement that sets out the

requirements to achieve compliance with a standard;

''Search of origin'' means the search carried out following a

request by the adopted persons to the Accredited Agency, for

information regarding the adopted persons’ origin and their birth

family;

''Social Worker'' in accordance with the Adoption Cap. 495.

Administration Act shall have the meaning assigned to it by

article 2 of the Social Work Profession Act;

''Staff'' means a person or persons engaged by the

Accredited Agency wherein one of the person’s responsibilities

is to deliver services or provide support for the delivery of

services in the field of adoption of children, irrespective of

whether or how the person is compensated;

''Transition'' means the process through which the children

start living with the prospective adoptive parents.

For local and intercountry adoptions, the Accredited

Agency assists and supports children, who have been adopted

through its services, in their search of origin.

Standard 2: Preparation and Support for Adoptive Parents

Standard Statement

This standard promotes preparing and assisting persons to

become adoptive parents as well as supporting them as adoptive

parents.

Quality Indicators

1. For local and intercountry adoptions, the Accredited

Agency informs prospective applicants about the child adoption

process and the services that it offers.

2. For local and intercountry adoptions, the Accredited

Agency prepares applicants to become prospective adoptive

parents in an effective and detailed manner.

3. For local and intercountry adoptions, the Accredited

Agency evaluates prospective applicants in a holistic and

effective manner in order to safeguard the children’s best

interests.

4. For local adoptions, the Accredited Agency matches

children with prospective adoptive parents using a rigorous and

transparent published procedure.

For intercountry adoptions, the Accredited Agency

supports and gives advice to prospective adoptive parents

throughout the matching process.

For local adoptions, the Accredited Agency supports

prospective adoptive parents when the children start living with

them.

For local and intercountry adoptions, the Accredited

Agency supports adoptive parents after the adoption decree has

been issued by the Competent Court.

Standard 3: Support for Birth Families

Standard Statement

This standard promotes informing and supporting birth families

involved in the adoption of children.

Quality Indicators

1. For local adoptions, the Accredited Agency informs

birth parents about their rights and the adoption process.

2. For local adoptions, the Accredited Agency assists

and supports birth parents.

3. For local open adoptions, the Accredited Agency

involves birth parents in drawing up an open adoption

agreement.

Standard 4: Service Quality Management

Standard Statement

This standard promotes service management based on continuous

improvement of service operations and staff development.

Quality Indicators

1. The Accredited Agency implements management

strategies to continuously improve service delivery to persons

using its services.

2. The Accredited Agency implements transparent

recruitment strategies and plans for the continuous development

of its staff.

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