L.S. 16.01 Regolamenti dwar l-Allokazzjoni tal-Minuri Imħassar bl-Att XXIII tal-2019

(1)Subject to the provisions of sub-regulation

(3), where - (

1. 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 (
2. 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the minor shall be presumed until the contrary is proved and a certificate whereby the parish priest of the place of *Repealed by Act XXIII of

1. Title. Meaning of protected minors. 2 [ S.L.16.01 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. Duty of family welfare officer to secure well-being of protected children.
2. 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. Power to inspect premises.
3. 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. Notices and information to be given to the Director of Social Services. Amended by: XLIV. 1965.
4. 5.

(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 [ S.L.16.01 3 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. 6.

(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. Removal of protected children from unsuitable surroundings. Amended by: VIII. 1990.3.

(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. 7.

(1)A person shall be guilty of an offence if - (

1. 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; (
2. 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; (
3. 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; (
4. 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 thirtytwo 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 Offences. Amended by: XIII. 1983.5; L.N. 407 of 2007. 4 [ S.L.16.01 PLACING OF MINORS be without prejudice to any proceedings for contempt of court.