Children in Alternative Care, 2020

L.N. 33 of 2020

SOCIAL CARE STANDARDS AUTHORITY ACT

(CAP. 582)

Social Regulatory Standards for Residential Services for

Children in Alternative Care, 2020

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

Standards for Residential Services for Children in Alternative Care,

2020.

(Regulation 2, 4)

Standard 1: The Right to Participate in Decisions

Standard Statement

Children shall have the right to participate in the decisions

affecting their life.

Quality Indicators

1. Children shall be empowered and supported to express

their views, feelings and concerns.

2. Children shall always be consulted and listened to.

3. Children shall be supported to raise concerns and

complaints.

Standard 2: Quality of Care

Standard Statement

Children shall be provided with a stable, caring and protective

environment during their time in alternative care.

Quality Indicators

1. Children in alternative care shall have the right to maintain

a stable relationship with their siblings.

2. Children shall be provided with a permanent placement.

Standard 3: Care Planning

Standard Statement

The care placement of the children shall be guided by an

individual care plan.

Quality Indicators

1. An individual care plan shall be drawn up before children

are placed in alternative care.

2. The care plan shall be reviewed at least once every six

3. Children shall participate in the development and review of

the care plan.

4. Children shall be prepared for the leaving care process.

Standard 4: Healthcare Needs of Children in Alternative Care

Standard Statement

Children in alternative care shall have specific healthcare needs

and these shall be addressed holistically by a trained medical team.

Quality Indicators

1. Children in alternative care shall have individualised and

comprehensive assessments of their healthcare needs, beyond what is

offered by universal services, for them to maximise their potential.

2. Children shall receive appropriate and effective care which

fulfils their health needs.

Standard 5: Education, Enjoyment and Achievement

Standard Statement

Children shall have access to educational services and shall be

given the opportunity to participate in social and recreational activities

of their choice.

Quality Indicators

1. Children shall be empowered and supported to engage in

educational programmes to maximise their potential.

2. Children shall be empowered and supported to participate

in leisure activities of their choice.

Standard 6: Positive Relationships

Standard Statement

The experience of safe, meaningful and stable relationships is

crucial for the overall health and well-being of children.

Quality Indicators

Children shall be empowered and supported to develop and

maintain meaningful and healthy relationships. Through these

relationships children develop a strong sense of identity and

belonging, they develop their self-confidence and self-esteem and

build secure attachments.

Standard 7: Service Quality Management

Standard Statement

Children shall be provided with the best possible care that

meets their needs and improves their life outcomes.

Quality Indicators

1. Effective leadership and management of services offered to

children shall be in place to ensure that children are provided with

child-centred, safe and effective care.

2. The care givers shall be recruited through a transparent

recruitment plan to ensure that children are provided with the best care

possible.

€0.45

These regulations shall by means of the Schedule, elevate

the Social Regulatory Standards for Residential Services for Children

in Alternative Care, to the status of subsidiary legislation under the

Social Care Standards Authority Act.

In these regulations, unless the context otherwise requires

"Agency" means the national agency, which is amongst

other things responsible for the well-being of minors, also known

as Aġenzija Appoġġ;

"alternative care" means the placement of a minor under the

care of a person or entity, not being a parent of the minor as

ordered by the Court or a result of administrative decision, and

the expression "alternative carer" shall be construed accordingly;

"Authority" means "Social Care Standards Authority" as

established by virtue of article 5 of the Social Care Standards

Authority Act;

"care giver" means an adult who provides care for children

in family or in residential care;

"care plan" means a plan drawn up to promote the

development and well-being of the minor;

"care review" means a review where the care plan of the

children in alternative care and any other related matter is

provided for, in the best interest of children;

"children" means persons under the age of eighteen;

"healthcare assessment" means that children in alternative

care should have healthcare assessments performed by a medical

team trained in children protection, leading to holistic healthcare

plans, which incorporates the voice of the child;

"leaving care process" means the process whereby young

persons are prepared for independent living;

"management" means a person who acts on behalf of the

service provider to provide leadership to staff and to oversee and

control the proper functioning of the services offered to children

in alternative care;

"medical team" means a team consisting of at least a lead

designated paediatrician and nurse for children in alternative

care;

"performance indicator" means an active descriptor of what

service providers need to do to ensure service outputs that

support the quality indicators;

"permanency which is relational, physical and legal"

includes that the minor feels loved, protected, safe and supported

by the persons with whom he lives, that there be stability in the

physical surroundings in which he lives and his connections with

the community, as well as those legal arrangements related to

permanency, especially those relating to his care and custody;

"quality indicator" means a statement that sets out the

requirements to achieve compliance with a standard;

"residential services" means residential services for

children who are in alternative care;

"staff" means a person engaged by the service provider,

wherein one of the person’s responsibilities is to provide child

support or care, irrespective of whether, or how the person is

compensated;

"UNCRC" means the 1989 United Nations Convention on

the Rights of the Child;

"universal services" means the standard health care services

offered by the national health service in Malta.

With regards to the standards listed in the Schedule, the

responsibility of implementing such standards, shall be of the service

providers of the residential services, as licensed by the Social Care

Standards Authority.