Children’s House Regulations, 2021 (dartat-tfal)

L.N. 467 of 2021

MINOR PROTECTION (ALTERNATIVE CARE) ACT

(CAP. 602)

Children’s House Regulations, 2021

IN EXERCISE of the powers conferred by articles 15(3) and 83

of the Minor Protection (Alternative Care) Act, the Minister

responsible for Solidarity and Social Justice, the Family and Rights of

Children has made the following regulations:-

(1) The title of these regulations is the Children’s House Citation and

commencement.

Regulations, 2021.

(2)

These regulations shall come into force on 1st January

2022.

The meanings set out in article 2 of the Minor Protection Interpretation.

(Alternative Care) Act, hereinafter referred to as "the Act", shall be Cap. 602.

applicable to these regulations.

(1) There shall be at least one place prescribed by the Aim of

Minister to serve as the Children’s House in Malta with the aim of Children’s

House.

providing a child-friendly, safe and calm environment for children

victims and, or witnesses of significant harm, as defined in article 9(4)

of the Act, to give their testimony and subsequently receive the

necessary support to meet their best interests.

(2) The place mentioned in the previous sub-regulation shall be

"The Children’s House" located at Santa Venera.

Children victims and, or witnesses under the age of

eighteen (18) years are to be presumed as having sufficient

understanding to be forensically interviewed and subsequently to

receive support service, even if these have to be tailored to cater for

the child’s age and, or needs unless the contrary is established by the

professionals working with the child or unless the child is too young to

be communicative or it is clear that this is against the child’s best

interests and, or wellbeing.

OF THE MANAGER (CHILDREN’S HOUSE)

The Children’s House shall be run by a Manager

(Children’s House) who is an officer of the Director (Child Protection)

and shall exercise his functions in terms of article 4 of the Act

Provided that the Manager (Children’s House) and his

officers shall at all times act in an impartial manner in the exercise of

their functions.

When the circumstances of a specific case require it, all

functions given to the Manager (Children’s House) may be exercised

by the Director (Child Protection).

Without prejudice to the functions as may be given to the

Manager by the Act or subsequent regulations, the Manager

(Children’s House) shall

(a) convene a meeting prior to an investigative interview

to establish the aims and purposes of the interview and the needs

of the minor;

(b) appoint a forensic interviewer to conduct an

investigative interview with a referred minor;

(c) liaise with the paediatric specialist so that the minor

may undergo a medical examination if this is deemed necessary

owing to the nature of the suspicions or knowledge of significant

harm suffered by the minor;

(d)

convene stakeholders for the investigative interview;

(e)

monitor the investigative interview with the referred

minor;

(f)

collect, retain, store and dispose of data collected

from each interview according to the provisions of other

applicable law and according to these regulations;

(g) prepare the data and communicate it to the competent

court for use in on-going proceedings;

(h) liaise with the psychologist working at the Children’s

House to conduct an assessment on the interviewed minor to

determine the minor’s needs for therapeutic support;

(i) allocate support services to the interviewed minors

and their families or make referrals to outside services according

to the results of the assessment;

(j) participate in the interdisciplinary meetings held by

the Director (Child Protection) in terms of article 6 of the Act;

(k) provide initial and on-going training to his officers

and service providers.

The legal and judicial representation of the Children’s Legal and

judicial

House shall vest in the Manager (Children’s House).

representation.

OF OTHER OFFICERS OF THE CHILDREN’S HOUSE

The Manager (Children’s House) shall be assisted in the Other officers of

carrying out of his functions and responsibilities by other officers of the

House.

the Children’s House, namely

(a) forensic interviewers who shall be warranted

professionals having received specific training on interviewing

children forensically, whose functions and responsibilities shall

be to conduct the investigative interview with the referred minor;

(b) a warranted and registered psychologist according to

the Psychology Profession Act with preference being given to Cap. 471.

persons having at least five (5) years experience working with

children, whose functions and responsibilities shall be to conduct

assessments on referred minors to identify the therapeutic needs

of the minor and to make recommendations on the best

therapeutic services to be offered to the minor

Provided that this psychologist may also manage a

small team of psychologists, when the needs so demand, and the

other team members shall exercise and perform such functions

and responsibilities as delegated or assigned to them, and shall

hold therapeutic sessions with the minor in terms of these

regulations;

(c) a paediatric specialist being a medical specialist

registered in the specialist register for the paediatric field

according to the Health Care Professions Act;

(d) administrative support workers for the carrying out of

duties as assigned to him by the Manager (Children’s House) in

the daily administration of the Children’s House and the holding

of meetings;

(e) security officers whose functions and responsibilities

shall be to maintain order, peace and quiet during the daily

running of the Children’s House, to maintain a sense of safety at

all times by taking the required legal action when any person acts

aggressively inside or outside in the parameters of the Children’s

House.

OF THE INVESTIGATIVE INTERVIEW

Whenever the Executive Police in the course of their

investigation into alleged crimes, Members of the Judiciary in the

course of court proceedings and officers of the Directorate (Child

Protection) in the course of their investigation in terms of article 10 of

the Act, require a minor victim and, or witness to be forensically

interviewed, they shall send a referral of the case to the Manager

(Children’s House) who shall always keep a record of such referral in a

Register.

(1) The Manager (Children’s House) shall, without delay

but in any case not later than five (5) working days, decide whether the

referral has been made in terms of these regulations. When it results

that it is not the case, the Manager (Children’s House) shall reply to

the referring entity in writing giving reasons for such rejection.

(2) When the Manager (Children’s House) deems the referral

to have been made in terms of these regulations, he shall appoint a

forensic interviewer and shall set a date for the initial meeting of the

interdisciplinary team to set the aims and purposes of the interview

which meeting is to be held by not later than five (5) working days.

The Manager (Children’s House) may invite all those professionals

involved in the case or that have a contribution to make to such

meeting.

Minutes of the preliminary meeting shall be taken by an

administrative support worker at the Children’s House and stored

according to these regulations. Every person attending such meeting

shall be bound by confidentiality and may not disclose to third parties

any information or provide documents or extracts thereof which may

have come to their knowledge or in their possession during such

meeting or as a result thereof unless such disclosure or provision is

made following an authorisation, request or order by a competent

In the preliminary meeting, the Manager (Children’s Aims of the

preliminary

House) shall

meeting.

(a) inform the interdisciplinary team of professionals of

the information at hand on the referred minor;

(b) discuss the possible outcomes that may result from

the investigative interview;

(c) discuss the best procedure to be adopted for the

investigative interview;

(d) establish who shall be present on the day of the

investigative interview;

(e) establish who shall have access to the records of the

investigative interview;

(f) establish if there are any particular needs of the minor

that need the adaptation of the protocol to be catered for during

the investigative interview;

(g) determine whether a paediatric examination of the

referred minor needs to take place before or after the

investigative interview;

(h) establish the date and time of the investigative

interview;

(i) determine the best way to have the referred minor

arrive at the Children’s House;

The forensic interviewer shall conduct himself in an The forensic

impartial manner at all times and shall endeavour to carry out the interviewer.

investigative interview in a diligent manner according to established

and adopted investigative interviewing protocols.

On the day of the investigative interview, the Meeting of the

interdisciplinary team shall meet at the Children’s House at a different interdisciplinary

team on the day

time from the arrival of the referred minor and shall not have of

investigative

individual contact with the referred minor.

interview.

(1)

The interdisciplinary team may consist of

The

interdisciplinary

team.

(a)

the Manager (Children’s House) and the forensic

interviewer appointed;

(b) the member of the judiciary presiding over the on-

going case, if any, and his deputy registrar;

(c)

a representative of the Executive Police;

(d) the Director or the key social worker from the

Directorate of Child Protection

Provided that the Director or the key social worker

may be assisted by the legal consultant to the Directorate;

(e) the psychologist working at the Children’s House

who will assess the therapeutic needs of the minor and determine

the support that the minor shall receive after the investigative

interview;

(f) the children’s advocate or

the

representative

appointed in terms of article 21 of the Act;

(g) the advocate of the parent or parents or legal guardian

of the minor;

(h) the parent or parents or legal guardian of the minor

unless their presence causes the minor debilitating fear or

conditions the minor in such a way that his testimony is

considered to be altered simply by their presence particularly

when the parent or parents or legal guardian of the minor is

considered as the alleged perpetrator of the significant harm on

the minor which led to the investigative interview

Provided that the parent or parents or legal guardian

may enter the premises and be present in the professionals’ room

from a different entrance or after the minor is already in the

interviewing room and needs to leave before the minor leaves the

interviewing room. In such case, the parent or parents or legal

guardian may not stay in the outside area and vicinity of the

Children’s House before or after the investigative interview

Provided further that if the presence of the parent or

parents or legal guardian causes debilitating fear in the minor or

conditions the minor in such a way that the minor refuses to

testify or his testimony is considered to be altered simply

because of the alleged perpetrator’s presence, the parent or

parents or legal guardian may be ordered to leave the premises of

the Children’s House or not to attend at all on the day. This

decision may be taken in the preliminary meeting and noted in

the minutes or may be taken at any time on the day of the

investigative interview

Provided further that the minor shall have the right to

know if the alleged perpetrator is in the premises and shall be

told the truth at all times;

(i) any other person whose presence the Manager

(Children’s House) will deem necessary.

(2) The members of the interdisciplinary team may either be

physically present on the day or may connect and follow the meeting

or the investigative interview online through a secure connection. It

shall be the responsibility of each member that connects online to

ensure that the connection is secure and that the place from which he is

connecting respects the formality of the situation and protects the

confidentiality of all the parties involved. The Manager (Children’s

House) shall have the authority to stop any such connection should he

become aware that such connection does not respect this provision

Provided that any loss or interference of any such

connection shall not interrupt or disturb the investigative interview in

any way once this has started

Provided further that recording of such connection by the

professional connecting online shall at all times be prohibited. Should

the Manager (Children’s House) become aware of any professional

recording with any medium the investigative interview or any part

thereof, the Manager (Children’s House) shall have the authority to

stop any such connection immediately and to ask for such recording to

be immediately deleted.

The referred minor shall arrive at the Children’s House by Transporting the

the means of transportation agreed upon during the preliminary minor

Children’s

meeting which may be by the biological parents or the alternative carer House.

driving the minor to the Children’s House, or by having the minor

picked up from school or from such premises where the minor would

be on the day, without the need of the consent of the parent or parents

or the legal guardian of such minor or by making any other

arrangement according to the circumstances of the referred minor. The

Manager (Children’s House) may request the assistance of the

Executive Police in accordance with the Police Act whenever he Cap. 164.

deems it required.

Upon arrival, the referred minor shall be welcomed at the Introduction to

Children’s House and given time to adjust, calm down and feel safe. the

arrival.

The Manager (Children’s House) shall explain to the minor what will

happen on that day, may show the premises to the minor and if deemed

adequate for the minor take the minor to see the professionals’ room

and meet the professionals. The Manager (Children’s House) shall

seek to answer any relevant questions of the minor

Provided that if other professionals such as an interpreter or

a communication specialist shall be present during the investigative

interview to cater for the needs of the referred minor, the Manager

(Children’s House) shall introduce such professional to the minor,

unless this professional is already known to the minor, at the very start

of the communications with the minor as stated above and all such

communications will take place with the help of such professional.

When the minor seems comfortable and ready for the

investigative interview, the forensic interviewer, the minor and any

other professional assisting the minor shall proceed to the interview

room. The forensic interviewer will conduct the interview as stated in

sub-regulation (11) of regulation 2. At any point in time, the forensic

interviewer may pause the interview either to give a break to the minor

if this is deemed necessary or to consult with the interdisciplinary team

in the professionals room on the disclosures of the interview and on

clarifications needed by the forensic interviewer.

(1) If the interview is being conducted in the course of

on-going court proceedings, the presiding member of the judiciary

shall regulate the procedure of the interview, shall determine which

questions are to be allowed to be made to the minor or not according to

the Code of Organization and Civil Procedure and shall make any

relevant decisions needed during the course of the interview

Provided that if the interview is being done in the course of

investigations outside any court proceedings, the Manager (Children’s

House) will carry such responsibility stated above.

(2) At all times, notes of the proceedings shall be taken by the

deputy registrar or by the administrative support worker which notes

shall be filed in the acts of the proceedings and, or in the minor’s file

kept by the Children’s House.

Without prejudice to regulation 13, the investigative

interview shall not be postponed if the parent or parents or legal

guardian or their advocate is not present on the date of the interview

given that they would have been given sufficient notice in advance of

such date of at least a week, and the minor is already at the Children’s

House or on his way there unless it is ascertained that no harm and, or

confusion shall result to the minor taking into consideration the age

and maturity of the referred minor.

Without prejudice to article 17 of the Act, the investigative Instances when

interview shall be conducted and recorded, as much as possible, in one there

subsequent

sitting with no time limit being set by the interdisciplinary team and interview.

with both examination-in-chief and cross-examination being done

during the same interview if the interview being held is for the

purposes of on-going court proceedings. Only in the following

instances may there be subsequent interviews

(a) when the minor is visibly tired or emotionally

aroused as not to be able to continue giving evidence without

prejudice to his credibility or wellbeing;

(b)

when new evidence emerges at a later stage;

(c)

when the minor himself expresses his wish to testify

again;

(d) in other exceptional circumstances which are to be

specifically noted in the acts of the proceedings or the notes

taken.

No additional consent and, or authorisation is required for Recording of

the recording of the investigative interview. Any investigative the

interview.

interview, even if interrupted, is to be recorded in terms of these

regulations and the recording is to be stored securely according to

these regulations.

At all times, the referred minor may refuse to participate in Refusal of

the investigative interview or to stop such interview and may ask for a minor

participate.

change in the professional and such wishes shall be respected.

OF INTERPRETERS AND ASSISTING PROFESSIONALS

(1) The investigative interview is to be held in the Language to be

Maltese or English language according to which language is the used

interpreters.

primary language of the referred minor.

(2) Without prejudice to the foregoing sub-regulation, when

the primary language of the referred minor is neither Maltese nor

English and the referred minor does not have sufficient knowledge of

either language to express himself adequately, the investigative

interview will need to be conducted with the help of an interpreter.

(3) Before the start of the investigative interview, the member

of the judiciary or the legal procurator engaged by the Children’s

House shall administer the oath to the appointed interpreter to

faithfully report the words of the referred minor.

(4) The interpreter mentioned in the foregoing sub-regulation

shall be present in the interviewing room and shall be visible at all

times in the recording.

(5) It shall be the responsibility of the forensic interviewer to

explain to the interpreter that there shall be no communication between

him and the referred minor without such communication being

translated for the purpose of the recording. The forensic interviewer

shall stop the interview should he become aware that there is

communication between the interpreter and the referred minor which

is not being translated for the purpose of the recording and can ask for

a replacement of the same interpreter.

(6) The foregoing provisions shall apply mutatis mutandis to

any other linguistic professional whose assistance shall be needed to

meet the linguistic needs of the referred minor and to enable the same

minor to express himself clearly.

OF THE STORING OF DATA

Once an investigative interview is conducted and recorded,

the intellectual property of that recording belongs to the Foundation

for Social Welfare Services but stored and managed by the Children’s

House.

(1) It shall be the responsibility of the Manager

(Children’s House) to secure the recording, to store it in a secure

manner, to make copies of the recording and to hand a copy of the

recording to the Police, to present a copy in the acts of the on-going

proceedings and may provide a copy to the parent or parents or legal

guardian of the minor if this is deemed as not being against the best

interest of the minor

Provided that when filed in the acts of proceedings, the

recording shall be kept sealed by the Court. Interested parties need to

file an application to request access to Court to such recording.

(2) Professionals working with the child who believe that

having access to the recording could benefit the child, shall send a

written request to the Manager (Children’s House) who shall

subsequently provide access only to the recording if he deems the

request justifiable.

(3) When the referred minor becomes of age, he may send a

written request to the Manager (Children’s House) for a copy of such a

recording and shall be provided with a copy.

The regulation on access and distribution of recordings Copies of other

shall apply mutatis mutandis to the distribution of copies of any other documents.

document and, or record kept in the minor’s file at the Children’s

House including the report drawn up by the paediatric specialist.

Records and documentation kept and stored at the Retention of

Children’s House shall be kept for thirty (30) years from when the records.

minor becomes of age. Once this time period shall have elapsed, data Cap. 586.

shall be disposed of according to the Data Protection Act.

OF THE MEDICAL EXAMINATION

When in the preliminary meeting held in terms of The medical

regulation 10, it is determined that a paediatric examination should examination

the minor.

take place, the paediatric specialist shall examine the referred minor at

the premises of the Children’s House and shall draw up a report which

shall be kept in the minor’s file at the Children’s House

Provided that during such paediatric examination, the

Manager (Children’s House) or the Director of Child Protection or the

key social worker from the Directorate of Child Protection and, or a

person indicated by the minor may be present in the same room instead

of a parent or legal guardian when such parent or legal guardian is the

alleged perpetrator of the maltreatment which led to the referral. Such

individuals need to be of the same sex as the referred minor

undergoing the examination.

The paediatric specialist may carry out those tests that he Access to

deems necessary owing to the circumstances of the case, may access medical records.

records of the minor kept at public and, or private hospitals and may

contact general practitioners to acquire medical information about the

minor.

The paediatric specialist may choose to schedule follow-up Follow-up

appointments with the referred minor and the parent or parents or legal appointments

with the

guardian of the minor or the alternative carer shall be responsible to paediatric

specialist.

take the minor to such appointments.

At all times, the referred minor may refuse to being Refusal of

medically examined or to stop such examination and such wishes shall minor

medical

be respected.

examination.

OF THERAPEUTIC SUPPORT TO THE REFERRED MINOR

Without prejudice to regulation 19, once the investigative Psychological

interview is completed, the Manager (Children’s House) shall liaise assessment

therapy.

with the psychologist working at the Children’s House for such

psychologist to conduct a psychological assessment, if necessary, and

determine the minor’s needs for therapeutic support.

(1) When the alleged perpetrator of maltreatment is not

one of the parents or legal guardians, parental consent for such therapy

needs to be sought. When the alleged perpetrator of maltreatment is

one of the parents or legal guardians, the Manager (Children’s House)

shall communicate the therapeutic needs of the child to the Director

(Child Protection) who shall make a request for such therapy to be

given to the minor without parental consent or authorisation to the

competent court.

(2) Once there is consent or the authorisation as specified

hereabove, the psychologist shall hold therapeutic sessions with the

referred minor to help the minor process the trauma which sessions

need to be adapted to suit the minor’s age and developmental needs

Provided that if it is determined that other therapeutic

services are needed to support the minor alone or within the family

unit, the Manager (Children’s House) shall make the necessary

referrals to other services.

At all times, the referred minor may refuse therapy or may

ask for a change in the professional and such wishes shall be respected.

When the psychologist deems that the referred minor has

received sufficient therapy to process the trauma, the psychologist

shall hold a closure session with the minor alone or with the minor and

other family members or with the minor and the alternative carers as

the psychologist deems the most appropriate in the circumstances and

shall inform the Manager (Children’s House). Should the minor

benefit from other therapeutic services, a referral shall be made to

other services. A report shall also be drawn up by the psychologist

which report shall be kept in the minor’s file at the Children’s House.

A copy of such report can be communicated to interested persons in

terms of these regulations.

When new evidence emerges during the course of the

therapeutic interventions, the psychologist shall help the minor recall

such memories but shall stop the therapeutic intervention and shall

proceed with filing a report with the Director (Child Protection) in

terms of the Act

Provided that the psychologist may resume with the

therapeutic sessions only once directed to do so by the Director (Child

Protection) or once another investigative interview has been held in

terms of these regulations.

OF OFFENCES

Any person who in any way hinders or tries to influence or Influencing the

manipulate the referred minor to alter their responses in the minor’s

testimony.

investigative interview or to refuse to answer to the questions, shall be

guilty of an offence and shall on conviction be liable to imprisonment

for a term of not less than six (6) months and not exceeding one (1)

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.

Any person who in any way, maliciously, tampers, Tampering with

removes, distorts, edits or destroys, a recording of the investigative the

the interview.

interview or part thereof, shall be guilty of an offence and on

conviction be liable to imprisonment for a term of not less than six(6)

months and not exceeding one (1) 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.

Any person who distributes, disseminates, supplies, Sharing of

transmits, makes available, publishes or posts online the recording, or recording.

part thereof, of the investigative interview shall be guilty of an offence

and on conviction be liable to imprisonment for a term of not less than

twelve (12) months and not exceeding four (4) years or to a fine

(multa) of not less than one thousand and five hundred euro (€1,500)

but not more than five thousand euro (€2,500), or to both such fine and

imprisonment.

Should the alleged perpetrator, any person sent in his name Lingering in the

or any other unauthorised person lingers in the vicinity of the vicinity

Children’s

Children’s House at the time before the scheduled investigative House.

interview or after this has been completed with the aim of stalking the

referred minor in terms of article 251AA(3) of the Criminal Code or in Cap. 9.

any way communicate with the minor in relation to the investigative

interview shall be guilty of an offence and on conviction be liable to

imprisonment for a term of not less than six (6) months and not

exceeding one (1) 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.

MISCELLANEOUS

In these regulations, if there is any conflict between the Conflict

between texts.

English and Maltese texts, the English text shall prevail.

All the references in the masculine shall apply equally to

Gender

references.

the feminine sex without any distinction or preference.

€1.26