PLACING OF MINORS REGULATIONS

PLACING OF MINORS

SUBSIDIARY LEGISLATION 16.01 *

PLACING OF MINORS REGULATIONS

16th February, 1962

LEGAL NOTICE 13 of 1962, as amended by Acts: XLIV of 1965, XIII of

1983 and VIII of 1990; and Legal Notice 407 of 2007.

The title of these regulations is Placing of Minors

Regulations.

(1)

Subject to the provisions of sub-regulation (3), where -

(a) arrangements are made for placing a minor below the

upper limit of the compulsory school age in the care

and custody of a person who is not his parent, tutor or

relative by consanguinity or affinity to the degree of

uncle or aunt, and

(b) any person, not being the parent or tutor of the minor

or the person in whose care and custody he is to be

placed takes part in the making of the arrangements,

then, while the minor is in the care and custody of the person first

mentioned in paragraph (a), he is a protected minor within the

meaning of these regulations.

(2) Subject to the provisions of sub-regulation (3), in any case

where a minor is an illegitimate child under the age of three years

and is placed in the care and custody of a person who is not his

tutor or a relalive of his mother by consanguinity to the degree of

uncle or aunt, then, while the minor is in the care and custody of

such person, he is also a protected minor within the meaning of

these regulations.

(3) A minor is not a protected minor within the meaning of

these regulations if he is in the care and custody of another person

for a temporary purpose only, nor while the minor is in any

religious institution, school, hospital or nursing home or in any

house or institution not specified in this regulation, but maintained

by public funds, nor while the minor is in the care of any person in

compliance with a probation order or a decree of a Court of Justice.

(4) A protected minor ceases to be a protected minor on the

making of an adoption decree in respect of him or on his attaining

the age of eighteen, whichever occurs first.

(5) A minor in the care and custody of two spouses one of

whom is his parent, relative or tutor shall be deemed for the

purposes of these regulations to be in the care and custody of one of

them.

(6) For the purposes of sub-regulation (2), knowledge of the

illegitimacy of the minor shall be presumed until the contrary is

proved and a certificate whereby the parish priest of the place of

*Repealed by Act XXIII of 2019.

PLACING OF MINORS

residence of the person undertaking the care and custody of the

minor declares that such person is related by consanguinity to the

mother of the minor in the degree referred to in that sub-regulation,

shall be sufficient evidence of such consanguinity.

Family welfare officers shall visit and examine from time

to time protected minors and the premises in which those minors

are being kept in order to satisfy themselves as to the well-being of

the minors and give such advice as to their care and maintenance as

may be needed.

Any family welfare officer may, after producing, if asked

to do so, some duly authenticated document showing that he is a

family welfare officer, inspect any premises in which protected

minors are to be or are being kept.

(1) Subject to the provisions of sub-regulation (2) of this

regulation, where arrangements are made for the placing of a minor

in the care and custody of any person and by reason of the

arrangements the minor would be a protected minor while in the

care and custody of that person, every person taking part in the

arrangements shall give notice in writing of the arrangements to the

Director of Social Services, hereinafter referred to as "the

Director".

(2) A notice under sub-regulation (1) need not be given by a

parent or tutor of the child, nor, unless the minor is a protected

minor also by reason of the circumstances referred to in regulation

2(2), by the person in whose care and custody the minor is to be

placed.

(3) Where a minor who is about to be placed in the care and

custody of any person would be a protected minor by reason of the

circumstances r eferred to i n regul ation 2(2), then, w itho ut

prejudice to the provisions of sub-regulation (1) of this regulation,

the person in whose care and custody the minor is to be placed shall

give notice in writing of the fact that the minor is to be placed in

his care and custody to the Director.

(4) A notice under sub-regulation (1) or sub-regulation (3)

shall be given not less than seven days before the minor is placed as

mentioned in those sub-regulations, except that where the minor is

so placed in an emergency, the notice may be given not later than

three days after the child is so placed.

(5) Where a person who has a protected minor in his care and

custody changes his permanent address, he shall, not less than

seven days before the change, or, if the change is made in an

emergency, not later than three days after the change, give written

notice specifying the new address to the Director.

(6) If a protected minor dies, the person in whose care and

custody he was at his death shall, within twenty-four hours of the

death, give to the Director notice in writing of the death.

(7) A person who has or proposes to have a protected minor in

his care and custody shall, at the request of the Director, give him

the following particulars, so far as known to him, that is to say, the

name, sex and date and place of birth of the minor, and the name

PLACING OF MINORS

and address of every person who is a parent or tutor of the minor or

from whom the minor has been or is to be received.

(1) If the Court of Voluntary Jurisdiction is satisfied, on

the application of the Attorney General, that a protected minor is

being kept or is about to be received by any person who is unfit to

have his care or in any premises or any environment detrimental or

likely to be detrimental to him, the court may make a decree for his

removal from the custody of such person and for giving other

directions as to the placing and well-being of the minor; and on

proof that there is imminent danger to the health or well-being of

the minor, the power to make a decree under this regulation may be

exercised by a Court of Magistrates acting on the application of the

Director made with the consent of the Attorney General.

(2) In executing a decree under this regulation the marshal of

the court may be accompanied by a family welfare officer or family

welfare officers, who shall be considered as taking part in the

execution of the decree.

(3) Where a minor is removed under this regulation the

Director shall, if practicable, inform a parent of the minor or his

tutor.

(1)

A person shall be guilty of an offence if -

(a) being required under the provisions of these

regulations to give any notice or information, he fails

to give the notice within the time specified in that

provision or fails to give the information within a

reasonable time, or knowingly makes or procures

another person to make any false or misleading

statement in the notice or information;

(b) he refuses to allow the visiting of a protected minor by

a family welfare officer or the inspection, under the

power conferred by regulation 4, of any premises;

(c) he refuses to comply with a decree under regulation 6

for the removal of any protected minor or obstructs

any person in the execution of such a decree;

(d) he takes a protected minor in his care and custody

without having, at the time, the means necessary for

his maintenance or keeps him in premises which are

detrimental or likely to be detrimental to the minor’s

health or treats the minor in a manner which is or is

likely to be prejudicial to his health.

(2) A person guilty of an offence under this regulation shall be

liable, on conviction, to imprisonment for a term not exceeding six

months, or to a fine (multa) not exceeding two hundred and thirty-

two euros and ninety-four cents (232.94), or, in minor cases, to the

punishments established for contraventions

Provided that where the facts constitute an offence

punishable under any other law with a higher punishment, such

higher punishment shall apply.

(3)

Proceedings for an offence under sub-regulation (1)(c) shall

PLACING OF MINORS

be without prejudice to any proceedings for contempt of court.