CHILDREN AND YOUND PERSONS (CARE ORDERS) REGULATIONS

SUBSIDIARY LEGISLATION 285.01

CHILDREN AND YOUND PERSONS

(CARE ORDERS) REGULATIONS

29th November, 1985

LEGAL NOTICE 49 of 1985, as amended by Legal Notices 43 of 1999

and 102 of 2005 and Act II of 2019.

The title of these regulations is the Children and Young

Persons (Care Orders) Regulations.

PART I

Ref. No. ...........

Children and Young Persons (Care Orders) Act

CARE ORDER

Sir/Madam,

Pursuant to the powers vested in me by article 4 of the Children

and Young Persons (Care Orders) Act, I hereby order that

Name .........................................................................................

son/daughter of ..........................................................................

born on .......................................................................................

residing at ..................................................................................

shall be under my care in accordance with the provisions of the

said Act with effect from the ..........................................................

In your capacity as father/mother/guardian of the said .................if

you object to this care order you have a right to signify your objection

to the Chief Executive Officer of the Social Care Standards Authority

by not later than twenty-one (21) days from the day of the receipt of

this order.

Date

Minister responsible for social policy

PART II

Ref. No. ..............

Children and Young Persons (Care Orders) Act

INTERIM CARE ORDER

Sir/Madam,

In exercise of the powers conferred by article 5 of the Children

and Young Persons (Care Orders) Act, I hereby order that

Name .........................................................................................

son/daughter of ..........................................................................

born on .......................................................................................

residing at ..................................................................................

shall be under my care in accordance with the provisions of the

said Act.

This Interim Order shall remain operative for (21) twenty-one

days from the date indicated hereunder.

Date

Minister responsible for social policy

In these regulations -

"the Act" means the Children and Young Persons (Care Orders)

Act;

"the Agency" means the Government agency approved and

designated by the Minister;

"the Board" means the Children and Young Persons Advisory

Board;

"care order" means a care order made under the Act, and in the

form set out in the Schedule;

"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;

"The Chief Executive Officer" means the Chief Executive Officer of

the Social Care Standards Authority or any person so delegated by him

for the purpose;

"fit person" means a person verified as such by the Agency;

"gainfully occupied" means engaged in any form of activity from

which earnings exceeding the remuneration payable in respect of

the child or young person in terms of regulation 12(4) are derived;

"interim order" means an order made under the Act, and in the

form set out in Part II of the Schedule;

"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.

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

(1) When the Chief Executive Officer becomes aware of any

objection by the person exercising parental authority over, or the

guardian of, a child or young person, to a care order made by the

Minister under article 4(1) of the Act, he shall, as soon as may be but

in any case not later than seven days from the date on which he shall

have become aware as aforesaid, refer the case to the Juvenile Court

by means of a written communication addressed to the Registrar of

Courts or to the person performing the functions of registrar as may be

assigned for the purpose in accordance with the provisions of article

369 of the Criminal Code.

(2) The communication referred to in subregulation (1) shall

be accompanied by -

(a) a copy of the relevant care order signed by the

Minister;

(b) if the objection was made in writing, a copy of the said

objection; if the objection was made orally, a written

statement containing the substance of such oral

objection;

(c) a copy of the written representations made by the Chief

Executive Officer to the Minister under article 4(1) of the

Act;

(d) a written statement indicating the persons, including

the parents and the guardian, if any, heard by the

Minister or given an opportunity to express their views

in terms of article 4(1) of the Act and before the care

order was made; and

(e) a list of persons (with their addresses) who in the opinion

of the Chief Executive Officer could be of assistance to

the Juvenile Court in reviewing the case.

(1) Save as hereinafter provided, the manner and the time

within which the Juvenile Court shall review a case as provided in

article 4(4) of the Act shall be in accordance with the provisions of

the Juvenile Court Act.

(2) The Juvenile Court shall hold a sitting to review a case as

soon as may be, but in any case not later than seven days from the

date on which the Registrar of the Court shall have received from

the Chief Executive Officer the written communication referred to

in regulation 4

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

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

(3) The Juvenile Court shall deal with the case as

expeditiously as possible, and shall in any case reach its decision

not later than twenty-one days from the date of the first sitting

referred to subregulation (2).

(4) Saving the provisions of article 77(2), (3) and (4) of the

Code of Organization and Civil Procedure, it shall be lawful for the

Minister and for the person objecting to the care order to be

represented by an advocate or a legal procurator and such advocate

or legal procurator may examine or cross-examine witnesses,

produce evidence and make in support of or against the care order

any other submissions which the Court may consider admissible

Provided that the Minister shall not be required to be

present in person during any sitting of the Juvenile Court, except

when his evidence is required.

(5) Proceedings before the Juvenile Court for the review of

cases as provided in article 4(4) of the Act shall be deemed to be

civil proceedings; and the burden of proving that the care order

should be confirmed shall, in every case, lie with the Minister.

(6) It shall be lawful for the Juvenile Court to require further

evidence besides that submitted by the Minister or the person

objecting to the care order and for such purpose the Juvenile Court

may, ex officio, summon any person to give evidence and order any

document to be produced

Provided that the Juvenile Court may not require any

evidence which would otherwise be inadmissable in a civil court

Provided further that nothing in this sub-regulation shall be

construed as affecting articles 587, 588, 589(2) and 637(3) of the

Code of Organization and Civil Procedure.

(7) Whenever the child or young person in respect of whom

the care order has been made is required by the parties or by the

Juvenile Court ex officio to give evidence, the said Court may, if it

is satisfied that in the special circumstances it is appropriate so to

do, order the parents and the guardian, including the person making

the objection and any other relative of the said child or young

person, to withdraw from the Court while his evidence is heard

Provided that if the person so excluded is the person

making the objection to the care order, the Juvenile Court shall

inform him of the substance of any allegations made against him or

against any of his close relatives by the child or young person in the

course of his deposition

Provided further that for the purpose of this sub-regulation

a person who lives or has lived for a period of two weeks or for

periods amounting in the aggregate to two weeks with the person

making the objection to the care order shall, even though not

related by blood or marriage, be deemed to be a close relative of

that person.

(8) No objection may be raised to the competence of the

Juvenile Court to review a case as provided in article 4(4) of the

Act on the grounds that the child or young person in respect of

whom the care order was made has, since the date when the said

order was made but before the Juvenile Court has disposed of the

case, attained the age of sixteen years.

CHILDREN AND YOUND PERSONS (CARE ORDERS)

In all cases a child or young person who is under the 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 reintegrating

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.

(1) The Board shall meet as and when necessary but shall

meet with urgency at the request of the Minister or of the Chief

Executive Officer and conveyed to it through the Secretary of the

Board.

(2) The Chairman and two other members shall constitute a

quorum.

(3) Decisions of the Board shall be taken by a simple majority

of votes; however, in the case of an equality of votes the Chairman

shall have a second or casting vote.

(4) Without prejudice to the provisions of article 10(4) and of

article 11(3) of the Act, the Board shall make recommendations to

the Minister with regard to the placement, transfer or discharge of

any child or young person in the care of the Minister

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.

(5) The Board shall, by not later than the fifteenth day of

February of each year, submit to the Minister a report of all its

activities during the preceding calendar year.

(1) It shall be the duty of any person or persons responsible

for the home, hostel or institution with whom or in which a child or

young person has been boarded out or accommodated in accordance

with the provisions of article 10(1) of the Act to ensure that such child

or young person is treated and brought up in an environment which is

normally to be found in a good Maltese family and which is conducive

to psychological security as well as to physical well-being, so as to

promote normal and healthy development. In particular, such person or

persons shall provide a balanced and nourishing diet and maintain

normally acceptable standards of hygiene to the satisfaction of the

Chief Executive Officer; and shall further ensure that, without

prejudice to anything contained in any other law, the child or young

person attends regular religious services and receive religious

instruction.

(2) The provisions of the sub-regulation (1) shall, mutatis

mutandis, apply to the accommodation, maintenance or boarding

out of a child or young person under the other provisions of article

10 of the Act.

(1) The Chief Executive Officer 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 are being

complied with;

CHILDREN AND YOUND PERSONS (CARE ORDERS)

(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), 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

reintegration 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.

(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 remuneration 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, 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, 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

m a y c o n s i d e r n e c e ss a r y a t t h e t i m e o f t h e si g n i n g o f s u c h

agreement.