Chapter 602

(1)The short title of this Act is the Minor Protection (Alternative Care) Act. Short title and scope .

(2)The scope of this Act is to safeguard, protect and give priority to the best interest of minors and to ensure, in the least possible time, the permanence of the care given to minors. 2. In this Act, unless the context otherwise requires: "accredited agency" means any agency, as accredited by the Central Authority in accordance with this Act and so accredited for the organisation of training and for the certification of persons deemed adequate to act as foster carers; "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 as a result of an administrative decision, *All provisions of the Act are in force expect articles 9

(2),

(3),

(4), 15, 26 to 30. †Articles 9

(2),

(3)and

(4)came into force. ‡Article 15 came into force. Interpretation. Amended by: XXXVII.2020.2; XXIII.2021.3; XI.2023.2; XXIX.2024.15. MINOR PROTECTION (ALTERNATIVE CARE) and the expression "alternative carer" shall be construed in like manner; "alternative permanency plan" means a concrete, timely and systematic plan for any minor living in alternative care and, or is protected by a care order, with the aim of promoting stability and continuity in the care and alternative care of the minor; "Board of Appeal" means the Board of Appeal established under article 64; "care and protection" means such care and protection which is reasonably expected from a parent towards his minor for the purpose of promoting the full potential of that minor, while taking into consideration the capabilities, natural inclinations and the aspirations of that minor; "care order" means an order issued in accordance with article 19

(1)(a); "care plan" means a plan drawn up in accordance with article 13 to promote the development and well-being of the minor; "Central Authority" means that entity which on the day of coming into force of this Act was responsible for fulfilling the functions mentioned in article 41;      S.L. 12.20. "Children’s Advocate" means a lawyer appointed in terms of regulation 3 of the Civil Court (Family Section), the First Hall of the Civil Court and the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) Regulations, who shall exercise the functions given to him in accordance with article 25;  "Court" means the Juvenile Court established under the Juvenile Court Act but consisting solely of the Magistrate without the two assistants appointed according to article 4

(2)et seq. of the same Act; "cross-border foster care" means: (

1. a)the care provided by a foster carer who is a Maltese citizen, to a minor who is not a Maltese citizen and who is resident in Malta; or (
2. b)the care provided by a foster carer who is not a Maltese citizen and whose approval by a foreign authority is recognised by the Central Authority, through the Director Alternative Care (Children and Youths), to a minor who is resident in Malta; MINOR PROTECTION (ALTERNATIVE CARE) "Director (Child Protection)" means the Director (Child Protection) who investigates reports concerning children and takes necessary action in accordance with this Act in the children’s best interest; "Directorate Alternative Care (Children and Youth)" means the Directorate Alternative Care (Children and Youth) which gathers within it services offered to children in alternative care, adoption services and youth services; "emergency order" means an order issued in accordance with article 20; "foster care" means the placement of a minor under the care of a person, not being a parent of the minor, and which is chosen, qualified, approved and supervised to provide care for a period and in accordance with a care plan; "foster carer" means one or more persons approved by the Fostering Board to foster a minor; "foster care agreement" means the agreement reached in accordance with article 51; "Fostering Board" means the board established by article 38; "key social worker" means the social worker appointed by the Director (Child Protection) to investigate a report, or the social worker appointed by the Director Alternative Care (Children and Youths), to follow the development and wellbeing of a minor in alternative care and to co-ordinate and follow up the progress of a care plan in relation to that minor; "Minister" means the Minister responsible for the rights of minors; "minor" means a child under eighteen years of age; "parent" means the biological mother or the father of the minor or any other person who, by an express provision of the law, has parental responsibility for such minor; "parental responsibility guidelines" means directions given to the parent or parents of the minor on what is considered as constituting significant harm, on better methods in parenting and, or disciplining minors and on what is considered as desirable or undesirable parenting skills or behaviour exhibited by the parents in the presence of the minors; "permanency which is relational, physical and legal" MINOR PROTECTION (ALTERNATIVE CARE) 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 in his connections with the community, as well as those legal arrangements related to his permanency and especially those relating to his care and custody; "protection order" means one or more orders issued in accordance with article 19;  "registered social worker" or "social worker" shall have the same meaning given to it by article 2 of the Social Work Profession Act; "Regulation (EU) 2016/679" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); "removal order" means an order issued in accordance with article 19

(1)(d); "Review Board " means the Minors Care Review Board, established in accordance with article 31;  "Social Care Standards Authority" means the authority established by the Social Care Standards Authority Act; "social contract" means the written agreement reached in accordance with article 12, between the Director or any other entity which the Minister may order by notice in the Gazette, and the parents of a minor or any other person interested in the well-being of the minor; "supervision order" means an order issued in accordance with article 19

(1)(b); "Therapeutic and Secure Centre" means the centre established in accordance with article 26; "treatment order" means an order issued in accordance with article 19

(1)(c); "unaccompanied minor" means a minor who arrives in Malta unaccompanied by an adult who by law or custom is responsible for him, and for as long as the minor is not effectively taken into the care of such an adult and includes any minor who is left unaccompanied after he has entered Malta. MINOR PROTECTION (ALTERNATIVE CARE) 3. By virtue of this article, whenever according to this Act it is to be determined whether a minor has sufficient understanding or not, or whenever in a procedure according to this Act anyone is to consider and determine whether such sufficient understanding is present or is not, and notwithstanding any wording used for such a discretionary exercise, those determining whether there is or there is not said sufficient understanding shall presume that the minor has such a sufficient understanding unless the contrary becomes evident. Minor to be held as having sufficient understanding unless the contrary becomes evident. PART I OF THE PROTECTION OF MINORS TITLE I Sub-title I OF THE DIRECTOR RESPONSIBLE FOR THE PROTECTION OF MINORS 4.

(1)There shall be a Director responsible for protecting minors at risk, who shall be known as Director (Child Protection) and who shall be appointed following a public call from amongst persons having at least five years experience in services related to minors and competence in management. Director responsible for the protection of minors. Amended by: XXIII.2021.4.

(2)The Director (Child Protection) shall be an officer of the Foundation for Social Welfare Services and shall exercise his functions through it: Provided that the Director (Child Protection) shall at all times act in an impartial manner in the exercise of his functions.

(3)There shall also be other officers of the Director (Child Protection) who shall exercise and perform all such powers, functions and responsibilities as may be delegated or assigned to them by the Director (Child Protection).

(4)In the exercise and performance of the powers, functions and responsibilities delegated or assigned to them as aforesaid, the officers of the Director (Child Protection) shall, save as otherwise apparent, have the same powers, functions and responsibilities as are by law imposed on or given to the Director (Child Protection).

(5)In the exercise and performance of their powers, functions and responsibilities, the Director (Child Protection) and the officers referred to in sub-article

(3)may request the assistance of the Executive Police in accordance with thePolice Act, whenever they deem it required.

(6)When the circumstances of a specific case require it, all     MINOR PROTECTION (ALTERNATIVE CARE) powers given to the Director (Child Protection) under this Act may be exercised by the Chief Executive Officer of the Foundation for Social Welfare Services. Functions of the Director (Child Protection). Amended by: XI.2023.3. 5.

(1)Without prejudice to the functions as may be given to him by this Act, or by another law, the function of the Director (Child Protection) is that of ex officio investigating any harm or risk thereof in relation to a minor, on which he holds a reasonable suspicion or on which he was informed, and of taking any action as may be deemed appropriate for the protection of the minor: Provided that the Director (Child Protection) may intervene according to this article and this Act after having received a report from a professional that a pregnant woman has a dependency on an illicit drug or has another type of dependency which in the opinion of said professional causes serious prejudice to the health of that woman.

(2)shall: In the exercise of his functions, the Director (Child Protection) (

1. a)act in the best interests of the minor at risk, even if such minor is not a citizen of Malta; (
2. b)ascertain the views and wishes of the minor at risk; (
3. c)collaborate with all those involved in the protection of the minor at risk; (
4. d)investigate whether any action taken in relation to the minor at risk is appropriate; (
5. e)provide guidance to the parents and family of the minor at risk; (
6. f)from time to time issue guidelines as to what may be deemed as significant harm or a risk of significant harm;    (
7. g)retain and update the Register for the protection of minors in terms of the Protection of Minors (Registration) Act; and     (
8. h)process requests for and issue Certificates of Clean Conduct in relation to Abuse of Minors according to the information retained in the Register established in the Protection of Minors (Registration) Act. Liaison with the Education Department and other entities. 6.

(1)The Director (Child Protection) shall hold regular meetings at suitable intervals with representatives of the Education Department, the Department of Health, the Police, and with any such other person or entity which the Director (Child Protection) deems as having responsibility for the protection of minors, or of a minor in particular, for the purpose of discussing any matter which falls within MINOR PROTECTION (ALTERNATIVE CARE) such responsibility and to set policies and protocols which are to be adopted, as well as serving as a committee for joint investigations amongst all entities having responsibility for the protection of minors or of a minor in particular.

(2)Minutes of the meetings mentioned in sub-article

(1)shall be kept and the progress made between one meeting and another shall be monitored by the Director (Child Protection).

(3)Where a meeting is held to discuss the case of a particular minor the Director (Child Protection) may require any person or entity attending the meeting to report on the progress of the minor and a copy of such report shall be attached to the records held by the Director (Child Protection) in relation to that minor.

(4)Every person or entity attending a 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: Provided that such disclosure or provision may be made following an authorisation, request or order by a court.

(5)The heads of department or entities mentioned or identified by the Director (Child Protection) according to sub-article

(1)shall ensure that they appoint a representative to attend each and every meeting of the committee for joint investigations.

(6)The committee for joint investigations shall regulate its own proceedings.

(7)From time to time the Minister responsible for the well-being of minors shall launch a national strategy on the protection and rights of children together with the Director (Child Protection) and those entities or departments having responsibility for the protection, safeguarding and care of minors. 7. The performance of the functions of the Director (Child Protection), inclusive of anything that may be required for their execution and for administrative control, shall be the responsibility of the Director (Child Protection). Conducts of the affairs of the office. 8. The legal and judicial representation of the office of the Director (Child Protection) shall vest in the Director (Child Protection): Legal and judicial representation. Provided that the Director (Child Protection) may delegate the exercise of said representation to other officers. Maintenance of the Protection of Minors Register. Added by: XI.2023.6.   MINOR PROTECTION (ALTERNATIVE CARE) 8A. The functions of the Director (Child Protection) as Registrar in terms of the Protection of Minors (Registration) Act, shall include the following: (

1. a)to securely maintain and keep up-to-date the Register in terms of the Protection of Minors (Registration) Act; (
2. b)to update the Register following orders issued by the Courts and Tribunals of Malta or by any other competent court; (
3. c)to process requests for the issue of Certificates of Clean Conduct in relation to Abuse of Minors;   (
4. d)to take all those necessary measures to keep the Register secure in terms of the Data Protection Act;    (
5. e)to request information from entities in relation to the maintenance of the Register established in the Protection of Minors (Registration) Act; (
6. f)to request information from relevant entities and other employers regarding the nature of work that will be expected from an applicant;   (
7. g)to liaise with any relevant entity to take the necessary action under the Protection of Minors (Registration) Act when information regarding an individual was not brought to the attention of the entity by the said individual, which information requires action by the relevant entity:    Cap. 377.  Provided that this communication shall be limited to the information provided and shall not constitute a breach of the provisions under the Professional Secrecy Act and, or the Data Protection Act. Sub-Title II OF THE PROTECTION OF MINORS Reports. Amended by: XXXVII.2020.3; XXIII.2021.5. 9.

(1)Any person who has reason to believe that a minor is suffering, or is at risk of suffering, significant harm, may report the circumstances according to which it holds such reason to the Director (Child Protection) or the Executive Police: Provided that any reports received by the Executive Police shall be forwarded to the Director (Child Protection) without delay.

(2)Without prejudice to any other provision of any law and to his professional obligations which hold true notwithstanding this article, any MINOR PROTECTION (ALTERNATIVE CARE) professional who has knowledge of an act causing or which may cause significant harm on a minor as defined in sub-article

(4)or which constitutes a criminal offense on a minor, or has knowledge that a minor is in need of care and protection shall immediately report to the Director (Child Protection) or the Executive Police and no such reporting made in bona fide may constitute a criminal offence or give rise to any right of action under any law whatsoever: Provided that if a report is made to an entity or institution other than the Director (Child Protection) or the Executive Police, such entity or institution shall register such report in writing and shall, without delay, and in any case not later than twenty-four hours from the receipt of the report, refer the report to the Director (Child Protection) or the Executive Police.

(3)Where a report concerns a pregnant minor who is in need of care and protection, all efforts shall be made to keep mother and child together after birth, unless this is manifestly contrary to the safety and well-being of the baby.

(4)Any professional fails to take any action including the filing of a report when necessary as mentioned in sub-article

(2)shall be guilty of an offence and upon being found guilty shall be subject to imprisonment for a period of not less than three months and not more than nine months, or a to a fine (multa) of not more than five thousand euro (€5,000), or to both such fine and imprisonment.

(5)For the purposes of this article and other provisions of this Act, "significant harm" includes abuse, neglect, harassment, ill treatment, exploitation, abandonment, exposure, trafficking, fear of violence and female genital mutilation as defined and provided for in Book First of the Criminal Code. It also includes being a victim of domestic violence as defined and provided for in Gender-based Violence and Domestic Violence Act.       Cap. 9.  

(6)All reports made according to this article and to whomever they might have been made, shall be deemed as if protected by professional secrecy, if not already so protected by any law, and notwithstanding any other provision of any law said reports shall not be made accessible to the public, whether in their entirety or in part. 10.

(1)The Director (Child Protection) shall keep a register recording therein all reports which he receives in terms of article 9. Reports register. Amended by: XXIII.2021.6; XI.2023.7.

(2)The Director (Child Protection) shall, as soon as possible and not later than five

(5)days from the receipt of a report, determine, on the basis of the information provided, whether there are or are not sufficient reasons to believe that the minor is suffering, or is at risk of suffering, significant harm or is in need of care and protection. Action on reports. MINOR PROTECTION (ALTERNATIVE CARE)

(3)If the Director (Child Protection) believes that there are sufficient reasons as referred in sub-article

(2), he shall proceed to such investigations and evaluations as he considers necessary to determine whether the minor is in need of care and protection, and if he decides that there are no such reasons he shall close the report and provide detailed reasons for his decision.

(4)The Director (Child Protection) shall conclude the investigations and evaluations referred to in sub-article

(3)within sixty working days and such period shall start running from the date of the decision of the Director (Child Protection) that the minor is suffering, or is at risk of suffering, significant harm: Provided that said period may, for good reason and due to the particular circumstances of the case, be extended by the Director (Child Protection) for an additional period of sixty

(60)working days.

(5)When the Director (Child Protection) decides that the minor needs care and protection he shall take all necessary measures to protect that minor, which, without prejudice to any other action which the Director (Child Protection) deems appropriate to take, may include one or more of the hereunder: (

1. a)recommending the provision of support services for the minor while considering the particular needs of the same and ensuring that such recommendations are applied; (
2. b)recommending the provision of support services for the parents of the minor or for any other person which seems to have responsibility for that minor, and ensuring that such recommendations are applied; (
3. c)issuing of parental responsibility guidelines; (
4. d)applying to the Court for it to decree an emergency order; (
5. e)applying to the Court so that it may decree an appropriate protection order for the minor; (
6. f)identifying the provision of out-of-home care including if a next-of-kin placement is available unless this is manifestly against the best interest of the minor. All efforts should be made to keep a minor mother and her child together and to keep siblings together: Provided that in order to place a minor with a next-of-kin, the Director (Child Protection) shall have the authority to request the criminal conduct of that next-of-kin and of any other adults residing with him or her, immediately from the competent authority. MINOR PROTECTION (ALTERNATIVE CARE) (
7. g)inform the Executive Police of a report so that further investigations are undertaken in any case involving the abuse or abandonment of a minor; or (
8. h)inform the Executive Police of any criminal offence for which the Executive Police may ex officio initiate criminal proceedings according to law. 11. In the exercise of his functions according to article 10, the Director (Child Protection) shall have the power to: (
9. a)being kept; (
10. b)enter and inspect the premises where the minor is Investigative powers of the Director (Child Protection). Amended by: XI.2023.8. speak with the minor; (
11. c)request any relevant information from any person as may be strictly required for the purpose of the investigation; (
12. d)enquire with any person who appears to him to be involved in the care of the minor on any matter relating to the investigation; (
13. e)obtain photographs, films and any other sort of recording as evidence; and (
14. f)obtain any other sort of document, as defined in the Interpretation Act, as evidence. 11A.

(1)The Director (Child Protection) shall be entitled to request and receive the name, address and, or contact number of a subscriber or registered user from a service provider of publicly available electronic communication services or of a public communications network where this information is strictly necessary for the purpose of enabling the Director (Child Protection) to exercise his functions and responsibilities pursuant to the Act.  Power of Director to request information related to contact number.

(2)The requests made by the Director (Child Protection) pursuant to sub-article

(1)shall be duly documented and reasoned. The data protection officer shall be consulted and involved in a timely manner in order to monitor compliance with Regulation (EU) 2016/ 679.

(3)The Director (Child Protection) shall implement appropriate technical and organisational measures and procedures to ensure a high level of confidentiality and data security in relation to the processing of personal data pertaining to natural persons. 12.

(1)When considering what action to take the Director (Child Protection) shall have regard to the possibility of agreeing to a social contract to resolve a matter concerning a minor’s need for care and protection without having to make an application to the Court to make a Social contract on the responsibility of parents. Amended by: XXIII.2021.7; XI.2023.10. MINOR PROTECTION (ALTERNATIVE CARE) protection order.

(2)The social contract mentioned in the foregoing sub-article shall be signed by the parties and shall take effect upon their signature.

(3)The Director (Child Protection) may agree to those terms and conditions as he may think fit and, in particular, the Director (Child Protection) may agree to terms and conditions on: (

1. a)treatment for substance abuse and other vices during the operative period of the social contract; (
2. b)behaviour; treatment for a person with problems of abusive (
3. c)therapeutic interventions or treatment of psychological nature or any other form of medical treatment; (
4. d)a substance abuse testing; (
5. e)courses aimed at improving the parental skills of the parents of the minor; (
6. f)the provision interventions for the minor; of support and therapeutic (
7. g)the provision of medical and educational assistance to the minor; (
8. ga)if necessary, the temporary placement of the minor in alternative care in accordance with article 68

(12)of this Act; (

1. h)the method of monitoring compliance with the social contract; (
2. i)the involvement and obligation of professionals in preparing the care plan, as would be in the best interest of the minor; and (
3. j)the involvement of the extended family, and of other important persons in the life of the family, in the planning and implementation of the care plan, as in the best interest of the minor: Provided that the social contract shall specify the period during which it will be in force and also the circumstances in which the Director (Child Protection) may file an application for any one or more of the orders mentioned in article 19: Provided further that the social contract shall not provide for the assignment of parental responsibilities for a minor. MINOR PROTECTION (ALTERNATIVE CARE)

(4)Upon signature, the Director (Child Protection) may appoint a key social worker and shall notify the Director Alternative Care (Children and Youths) so that the latter appoints a key social worker to follow the development and interests of the minor in accordance with the social contract and for such purpose the key social worker shall monitor the compliance of the parties with the social contract.

(5)The Director (Child Protection) may also notify other entities so that these provide the parents with support according to the social contract.

(6)The social contract shall remain in force for the period specified therein unless the Director (Child Protection) terminates it before the expiry of such period by notifying the other parties accordingly.

(7)When the Director (Child Protection) seeks to amend the social contract, the Director (Child Protection) may change any condition of the social contract by agreement in writing with all the parties.

(8)The Director (Child Protection) shall always consider the views of the minor if considered to have sufficient understanding. 13.

(1)For the purpose of drawing up a care plan according to the provisions of this Act the Director (Child Protection) shall hold a conference among those professionals following the parents and, or the minor and any other person involved in the care and protection of the said minor so as to establish a care plan.

(2)The care plan may include the following: (

1. a)the relevant identification particulars of the minor; (
2. b)the reasons for requesting a protection order; (
3. c)the aims of the care plan, and, if applicable, those of the placement of the minor in alternative care; (
4. d)the treatment and assistance that the parents should receive with a view to mitigate or revoke the effects of the minor’s protection order; (
5. e)the place and frequency of contact of the minor with his family; (
6. f)if applicable, the place where the minor will reside; (
7. g)matters relating to the education, maintenance and well-being of the minor; and (
8. h)health, a copy of any relevant decision given by the Court. Care plan. Amended by: XXIII.2021.8. MINOR PROTECTION (ALTERNATIVE CARE)

(3)A care plan shall in all cases be drawn up with the participation of the minor, if considered to have sufficient understanding, and with the participation of any other person or entity as the Director (Child Protection) may deem appropriate in the circumstances of the case: Provided that the officers and professionals who shall draw up the care plan shall, if the minor is considered as having sufficient understanding, indicate the methodology used to establish the views and wishes of the minor and their recommendations thereon.

(4)A care plan shall be filed by a note in the acts of the proceedings for the case relating to a protection order.

(5)Where a care plan is in effect and the consent of a parent is required for something necessary to avoid significant harm to the health or education of the minor, and such parent withholds said consent without good reason, the Director (Child Protection) or any other entity which the Minister may order by notice in the Gazette may act without such parental consent and take any decision in the best interest of the minor.

(6)Any interested party may, by application to the Court, request that any decision taken in accordance with sub-article

(5)be cancelled, revoked or changed and the Court shall hear and decide the application without delay.

(7)The care plan shall be subject to reviews by the Review Board in accordance with the provisions of this Act. TITLE II OF THE JUVENILE COURT Sub-title I OF PROCEEDINGS BEFORE THE JUVENILE COURT Juvenile Court. Amended by: XXIII.2021.9. 14. The Court shall have competence to hear and decide all cases which according to this Act are not within the competence of any other organ established under it and for such purpose, the Juvenile Court shall be deemed to be a Court of Magistrates with civil competence and shall be deemed to have civil jurisdiction with regard to taking cognizance of proceedings relating to children and young persons in terms of this Act: Provided that in any case heard by the Court, the Director (Child Protection) shall have the right to file notes on matters relevant to a given proceeding, which notes may also include notes of submissions or for the filing of relevant evidence. MINOR PROTECTION (ALTERNATIVE CARE) 15.

(1)The Court shall hear all cases brought before it by virtue of this Act in those premises as are prescribed by the Minister, through regulations, to serve as the building or buildings where the Juvenile Court shall sit in Malta and in Gozo. Court sittings, hearings and decisions. Amended by: XXXVII.2020.4.

(2)The Court shall appoint the date and time in which the minor shall give evidence and for such purpose it shall convene to hear the minor in those premises as are prescribed by the Minister, through regulations, to serve as Children’s House.

(3)Without prejudice to the provisions of this Act, the Minister may also by regulations prescribe the procedure to be adopted in all cases heard in a Children’s House. 16. Save for the Director (Child Protection), parties to Court proceedings as well as their advocates or legal procurators who shall have free and full access to the acts and documents of the proceedings, the acts of the proceedings and documents thereof shall not be accessible to third parties without the permission of the Court, which may provide such relevant parts of the acts of the proceedings according to the circumstances of the case and if in the best interest of the minor. Access to the acts. 17.

(1)Before taking a decision in proceedings affecting a minor and if the Court considers the minor to be of sufficient understanding, it shall, always acting according to his best interests, take into consideration the wishes and views of the minor, as well as all the circumstances of the case, so as to: Hearing of the minor. (

1. a)ensure that the minor has received all relevant information, including but not limited to information in relation to procedures which have been, or may be, taken with respect to the minor and the reasons therefor; (
2. b)consult with the minor in a manner appropriate to his understanding, unless the Court deems it reasonably clear that this is contrary to the best interests of the minor; (
3. c)give the minor the opportunity to express his views and consider them: Provided that the Court shall, if it did not do so on the day appointed for the hearing of the case, hear the minor by not later than the second sitting in the hearing of the case.

(2)Where the Court does not itself consult the minor it shall ensure that the person consulting the minor has received appropriate training to make such consultations, and in the case of unaccompanied minors the Court shall also ensure that the person consulting such minors has the appropriate linguistic and cultural sensitivity.

(3)The person performing the consultation in accordance with the foregoing sub-article shall prepare a report on the same consultation and MINOR PROTECTION (ALTERNATIVE CARE) shall file it in the acts of the proceedings in such manner and within such time as the Court may order.

(4)The views of the minor which can be determined or, when such views cannot be determined, the reasons therefor, shall be noted in the acts of the proceedings by the Court.

(5)The views of the minor shall be determined with sensitivity and in a manner which does not cause harm to the minor.

(6)In any proceedings before the Court, the Court shall consider: (

1. a)the views of the minor, if the minor is considered to have sufficient understanding; (
2. b)the physical, emotional and educational needs of the minor and the capability of the parents, or of other appropriate persons, to contribute towards those needs; (
3. c)the effect that any change in circumstances may have on the minor; (
4. d)the age, background and characteristics of the minor that the Court deems relevant; (
5. e)the harm that the minor has suffered or may suffer; (
6. f)any other relevant matter. and

(7)The Court shall appoint the time in which the minor shall give his evidence in accordance with sub-article

(8)and for such purpose it shall hear the minor in premises prescribed in accordance with article 15.

(8)Evidence from the minor shall be recorded by experts who shall be nominated by the Minister so as to form part of a list of experts to be appointed by the Court in cases of such a nature, and such evidence shall, as much as possible, be recorded in one sitting while also ensuring that the rights of all the parties involved are safeguarded.

(9)For the cross-examination of the minor by the lawyers of the parties, the questions to the minor shall be made to the experts mentioned in sub-article

(8)in front of the Court and the Court shall ensure that the evidence required is gathered according to sub-article

(8)and the law on evidence: Provided that in exceptional cases only, a party to the proceedings may require that the Court hears the minor again for the purposes of an additional cross-examination and for such purposes the Court shall proceed to such hearing in the same manner as provided in this sub-article. MINOR PROTECTION (ALTERNATIVE CARE)

(10)The Minister may, by regulations, prescribe the procedure for the appointment of experts referred to in sub-article

(8). 17A. In all proceedings before the Court, the Court shall ensure that all parties are duly represented before proceeding to hear the parties and, or their evidence and shall proceed to appoint curators to represent parties that cannot be traced, located, found and notified or are incapable of standing as parties in the proceedings, and this as provided in the proviso to article 24

(4)of this Act. Representation of all parties before the Court.  Added by: XI.2023.12. Sub-title II OF PROTECTION ORDERS FOR MINORS 18.

(1)The Director (Child Protection) may, by application, request that the Court issue a protection order for a minor in accordance with what is provided in article 19.

(2)The application referred to in sub-article

(1)shall, besides the relevant particulars identifying the minor and, as applicable, the parents of the minor, include: (

1. a)facts relevant to the case and requests as included in the application; (
2. b)a report containing the conclusions of the relevant investigations and evaluations; (
3. c)when possible, an indication of another available form of care; (
4. d)requests; those other documents necessary for sustaining the (
5. e)a request for the issuing of a protection order; and (
6. f)when required, a request to the Court for the provision of immediate care for the minor as he deems appropriate according to the circumstances of the case.

(3)The Court shall issue any provisional measure relevant to the application in the shortest time possible and such period shall in no case exceed that of forty-eight hours and shall order the notification of the application on the parent or parents depending on the circumstances of the case, who shall have until the date of the first Procedure for the issue of protection order. Amended by: XXXVII.2020.5; XXIII.2021.11; XI.2023.18. MINOR PROTECTION (ALTERNATIVE CARE) sitting to file a reply.

(4)Upon receiving an application according to this article, the Court shall appoint a Children’s Advocate and it shall immediately thereafter appoint the application to be heard within ten working days, while also ordering the immediate notification of the date of the hearing to the Director (Child Protection), to the parent or parents of the minor depending on the circumstances of the case, to the Children’s Advocate as appointed by it, and, if applicable, to the tutor and, or curator.    Provided that the service mentioned in sub-article

(4)shall take place immediately by court executive officers in accordance with article 67 of the Code of Organization and Civil Procedure: Provided further that the Court in the first hearing shall appoint curators in accordance with article 930 of the Code of Organization and Civil Procedure to represent the parent or parents of the minor depending on the circumstances of the case, when such parent or parents have not been served by the date of the hearing, given that the Court would have before it a negative certificate of service in accordance with article 188 of the Code of Organization and Civil Procedure and the parent or parents can be traced, located or found and notified. The Court shall also proceed to appoint curators without the need for an attempt of notification when from the circumstances of the case, it is not possible for the parent or parents to be traced, located or found or are incapable of being parties to the proceedings. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing as set by article 18

(4). Any person appearing to the banns may be confirmed as curator of the parents by the Court in accordance with article 933 of the Code of Organization and Civil Procedure.

(5)In the first sitting, the Court shall see that all parties have been notified or are represented in terms of article 18

(4)and shall issue provisional measures in relation to the residence, care and custody and aspects relating to the minor.

(6)In the first sitting or in the second if a curator is appointed in terms of sub-article

(4), the Court shall hear the requests of the Director (Child Protection), the evidence sustaining such requests, and if it deems appropriate, the parent or parents of the minor depending on the circumstances of the case, the Children’s Advocate and, if applicable, the tutor and, or curator: Provided that when the parent or parents of the minor depending on the circumstances of the case or their curator ad litem believe that they may counter the allegations in their regard by bringing forward witnesses and providing submissions, they shall be allowed to summon such witnesses and submit any type of relevant MINOR PROTECTION (ALTERNATIVE CARE) proof or submission: Provided further that all reasonable efforts shall be made for the Court to hear all the evidence in that sitting however for good reason, the Court can continue to hear the evidence in subsequent sittings.

(7)When the Court has heard all necessary evidence, and when necessary the oral submissions of the parties and is satisfied that the requests are justified, the Court shall adjourn the case to another date which is not later than two

(2)months from the date of that hearing, and the Director (Child Protection) shall, in the meantime, till such date, prepare a care plan: Provided that when the application is for a care order, the Court may summon and consult with the Director Alternative Care (Children and Youths) to determine the premises in which the minor shall reside while the care plan is being prepared:

(8)When the care plan is filed in terms of article 13

(4), it shall be immediately notified to the parent or parents of the minor depending on the circumstances of the case or to the curator representing them, who shall have till the date of the hearing set by the Court to file a reply.

(9)When the Court is satisfied that the care plan is appropriate for the circumstances of the case, the Court shall give its final decision on the application referred to in sub-article

(1)within two

(2)months from the last sitting by authorising and imposing the relevant orders, and this without prejudice to any other conditions which the Court deems appropriate to impose and this inclusive of entrusting the care and custody of the minor to third parties: Provided that when the court authorises an order or orders as recommended by the Director (Child Protection) in accordance with this article, a copy of the final decision shall be notified to the parties and the case shall be referred to the Review Board by not later than five

(5)working days.

(10)When the Court issues a welfare care order of a minor in accordance with this Act, the Police shall be informed by the Director (Child Protection), so that the minor protected by the same welfare care order shall be listed on the Schengen Information System (SIS) and said minor shall be allowed to travel out of Malta and back to Malta only with the written consent of the person or entity vested with his care and custody, in accordance with Article 32 of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No MINOR PROTECTION (ALTERNATIVE CARE) 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU. Protection orders for minors. Amended by: XXXVII.2020.6; XXIII.2021.12; XI.2023.14. 19.

(1)In those cases in which the Director (Child Protection) acts for the issuing of a protection order for a minor, the Court may authorise any one or more of the following orders: (

1. a)(
2. i)a welfare care order entrusting the care and custody of the minor to such person or entity that operates in social welfare which the Court deems appropriate when such minor has been deemed to have suffered or have been at risk of suffering significant harm or has been deemed to be in need of care and protection or has been deemed to be in need of permanency as provided for in this Act; (
3. ii)a correctional care order when the minor exhibits very challenging behaviour that is or has been harmful to self or others or is in need of protection and control which the minor is unlikely to receive otherwise: Provided that when the minor’s need for protection and control necessitates that the minor’s freedom of movement is restricted, the Court shall review the circumstances and progress of the minor at least once a month, shall hear the professionals working with the minor and,or review their report, and may vary the conditions imposed as it deems appropriate. (
4. b)a supervision order placing the minor under the supervision of the entity identified by the Director (Child Protection) for a period specified by the order and according to those conditions which the Court deems appropriate to impose, including the granting of parental responsibility or aspects thereof to such person or persons as the Court deems appropriate; (
5. c)a treatment order by which the parent or parents of the minor or the person caring for the minor or the minor are ordered to: (
6. i)receive treatment for the abuse of substances or alcohol abuse; or (
7. ii)follow programmes to address domestic violence; or (iii) follow parenting skills training; or (
8. iv)receive inter-relational therapy; or (
9. v)receive psychiatric or psychological care; or (
10. vi)receive any other treatment or assistance MINOR PROTECTION (ALTERNATIVE CARE) which the Court deems appropriate after having heard experts in the fields; or; (
11. d)a removal order against the author of significant harm to the minor from the place of residence of the minor and, without prejudice to any other provision of any other law, such order may also provide for the protection of the minor.

(2)Before giving its decision, the Court shall consider, in so far as possible: (

1. a)the views of the minor, when deemed to have sufficient understanding; (
2. b)the views of the parent or parents of the minor depending on the circumstances of the case; (
3. c)the views of the tutor and, or curator; (
4. d)the capability of the parents to safeguard the wellbeing and harmonious development of the minor; (
5. e)the nature and quality of the attachment between the minor and his family; (
6. f)the harm that was suffered, that is being suffered or which may be suffered by the minor; (
7. g)the length of time during which the family of the minor has been receiving support and treatment services; (
8. h)the degree of vulnerability of the minor; (
9. i)the cultural, linguistic and religious background of the minor; and (j)

(3)the relationships of the minor with his siblings. For the purposes of sub-article

(1)(a), the Court shall consider: (

1. a)whether there are deficiencies in the everyday care of the minor or deficiencies in terms of the personal contact and security needed by a minor of his age and development; (
2. b)whether the minor who is ill, has a disability or in need of special assistance is receiving the treatment or specialised care which he requires; (
3. c)whether the minor is at risk of being abandoned; (
4. d)whether, generally, the minor is at risk of suffering and MINOR PROTECTION (ALTERNATIVE CARE) significant harm.

(4)In all cases where provision is made for the assignment of any parental responsibilities to any person other than the parents of the minor, the Court shall give preference to the family of the minor, unless the Court holds that it is reasonably clear that it would be against the best interests of the minor. Emergency order. Amended by: XXIII.2021.13; XI.2023.15. 20.

(1)When the Director (Child Protection) has reasonable information which leads him to be convinced that the minor is suffering significant harm or when no legal guardian is present to care for the minor, the Director (Child Protection) may, with the assistance of the Executive Police, immediately proceed towards the removal of the minor from the place in which such significant harm is being occasioned, and this without any need of any form of authorisation.

(2)Without delay, and in any case not later than forty-eight

(48)hours of having taken action according to sub-article

(1), the Director (Child Protection) shall file an application with the duty Magistrate for the provisional validation or revocation of the removal of the minor as therein referred: Provided that the duty Magistrate shall appoint a Children’s advocate upon receiving the application so that he may follow the proceedings thereof.              

(3)The provisional decree given by the Magistrate according to this article shall be immediately notified to the Director (Child Protection), the Executive Police, the appointed Children’s Advocate, the Director Alternative Care (Children and Youths), the parent or parents of the minor depending on the circumstances of the case, and, if applicable, to the tutor and, or curator: Provided that when at the time of the removal of the minor there is only one parent known to or traced by the Director (Child Protection), the proceedings shall be filed against that known parent and the duty Magistrate shall appoint curators in terms of article 930 of the Code of Organization and Civil Procedure to represent the other parent. The procedure by issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing as set by sub-article

(6)of article 20: Provided further that in instances where both parents are incapable of being traced, located or found or are incapable of being parties to the proceedings, the duty Magistrate shall appoint curators in terms of article 930 of the Code of Organization and Civil Procedure to represent both parents. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing as set by sub-article

(6)of article 20.

(4)The application referred to in sub-article

(2)shall include a short but clear summary of the facts of the case and a request to the Court to confirm the decision of the Director (Child Protection). MINOR PROTECTION (ALTERNATIVE CARE)

(5)Following the provisional decree given in accordance with sub-article

(2), the acts of the proceedings are to be immediately sent to the Court so that it may proceed with the case.

(6)The Court shall appoint the hearing of the application within ten working days from when it received the acts of the proceedings.

(7)The Court may order the Director (Child Protection) to make the required investigations so as to determine which action should be taken to safeguard the well-being of the minor.

(8)Immediately upon being informed by the Director (Child Protection) of the need to remove a minor from a location of risk in accordance with this article, the Director Alternative Care (Children and Youths) shall place the minor in alternative care for such period as other investigations in accordance with article 10 are pending.

(9)Any investigation according to this article shall be concluded within thirty working days from the date of the first hearing: Provided that for a good reason and upon the filing of an application, such period may be extended by the Court for an additional period of ten working days.

(10)Upon concluding an investigation, the Director (Child Protection) shall file a report to the Court in which he explains which action he believes is necessary in relation to the minor and the reasons therefor.

(11)In addition to the report mentioned in sub-article

(10), the Director (Child Protection) shall prepare and file a care plan which includes recommendations on which protection order he deems to be as being in the best interests of the minor.

(12)The Court shall, as soon as it receives the report and the care plan mentioned in sub-articles

(10)and

(11), set a date for the hearing of the Director (Child Protection), the parent or parents of the minor depending on the circumstances of the case, the Children’s Advocate, the tutor and, or curator if applicable, and any other person or persons which the Court deems appropriate, which date shall not be later than ten

(10)working days from the filing of the report and the care plan: Provided that the care plan shall be immediately notified to the parent or parents of the minor depending on the circumstances of the case or to the curators representing them, who shall have till the date of the hearing set by the Court to file their reply. (12A) When the parent or parents of the minor, depending on the circumstances of the case, or their curator ad litem, believe that they may counter the allegations in their regard by bringing forward witnesses and providing submissions, they shall be allowed to summon such witnesses MINOR PROTECTION (ALTERNATIVE CARE) and submit any type of relevant proof or submission in a sitting held for such purpose: Provided that all reasonable efforts shall be made for the Court to hear all the evidence in that sitting, however for good reason, the Court may continue to hear the evidence in subsequent sittings.

(13)After having considered the report, the care plan , all the evidence and when necessary the submissions of the parties, the Court shall authorize or reject the order or orders recommended by the Director (Child Protection) in the care plan, and also decide on the allocation of parental responsibilities to any person as it may deem appropriate: Provided that if necessary, the Court may adjourn the case to another date within two

(2)months from the date of that hearing to give such decision: Provided further that when the Court decides on the order or orders recommended by the Director (Child Protection) in accordance with this article, a copy of the final decision shall be notified to the parties and the case shall be referred to the Review Board by not later than five

(5)working days. Unaccompanied minors. Amended by: XXXVII.2020.7. Substituted by: XXIII.2021.14. 21.

(1)Any person who comes in contact with any person who claims to be an unaccompanied minor shall refer that minor to the Principal Immigration Officer who shall thereupon notify the Director (Child Protection) so that the latter registers such minor and issues an identification document for such minor within seventy-two

(72)hours:      S.L. 217.11. Provided that in the exercise of his functions in relation to unaccompanied minors according to this Act, the Director (Child Protection) shall require the co-operation of the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers established according to regulation 3 of the Agency for the Welfare of Asylum Seekers Regulations: Provided further that such co-operation shall take place in accordance with an agreement which may be reached between the Director (Child Protection) and said Chief Executive Officer, which agreement may include a delegation of responsibilities and powers given to the Director (Child Protection) under this Act.        

(2)Immediately after the registration of the minor and the issuing of appropriate identification documents, the Director (Child Protection)) shall request the Court to provide any provisional measure in terms of article 18

(3)in regards to the care and custody of the minor according to the circumstances of the case and in the best interests of the minor and shall appoint a representative to assist the minor in the procedures undertaken in terms of the International Protection Act.

(3)The person or entity that is entrusted with the care and custody of the minor and the Court appointed representative shall be MINOR PROTECTION (ALTERNATIVE CARE) responsible for assisting and supporting the unaccompanied minor and in particular they shall: (

1. a)identify the persons or entities which may be involved in the care, custody and protection of the minor; (
2. b)coordinate the efforts of such persons or entities as identified by them; (
3. c)ensure that the minor is offered care, accommodation, education and medical care, as appropriate and without delay and whenever possible the minor shall not be placed in detention or in accommodation with persons who are not minors; (
4. d)ensure that the minor has suitable legal and judicial representation and assistance with regards to his residence status, his request for asylum, or for any other legal or administrative procedures, including those for the administration of his estate; (
5. e)ensure that all decisions in relation to the minor are taken in his best interests; (
6. f)submit the views of the minor in any court or before any administrative authority; (
7. g)provide explanations to the minor on the procedures that would be underway and to provide the minor with any other relevant information; and (
8. h)accompany and, or represent the minor during the age assessment process done by the Agency for the Welfare of Asylum Seekers and any other investigations and evaluations carried out in terms of sub-article

(4).

(4)The Director (Child Protection) shall refer the unaccompanied minor to the competent authorities so that the latter may undertake those investigations and evaluations as they deem appropriate to determine whether the minor is in fact an unaccompanied minor and to trace his family, should this be in the best interests of the minor and is not prejudicial to the fundamental rights of the same unaccompanied minor.

(5)Upon receiving the conclusions of the investigations and evaluations from the competent authorities and these establish that the applicant is in fact an unaccompanied minor, the Director (Child Protection) shall, by application, request the Court to issue a protection order according to this Act and shall prepare a care plan that shall be filed with the said application: Provided that when the investigations and evaluations from MINOR PROTECTION (ALTERNATIVE CARE) the competent authorities establish that the applicant is not an unaccompanied minor, the Director (Child Protection) shall, by application, request the Court to revoke its first decree and to provide according to the circumstances of the case.

(6)If the Court is satisfied that the indicated minor is in fact an unaccompanied minor and is satisfied that the care plan is appropriate in the minor’s circumstances, the Court shall authorise a protection order and may impose other conditions which the Court may deem appropriate including entrusting the minor in the care and custody of the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers or such other competent authority or entity which the Court deems appropriate and this without the need to appoint a hearing.     Cap. 12.    

(7)If the Court is not satisfied that the indicated minor is in fact an unaccompanied minor or is not satisfied that the care plan is appropriate, it shall appoint the hearing of the application within ten

(10)working days and in that same decree, the Court shall appoint curators in terms of article 930 of the Code of Organization and Civil Procedure to represent both parents. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing: Provided that in that hearing the Court shall hear the application, the evidence in support of such application, the person or entity entrusted with the care and custody of the minor and the appointed representative, the curators ad litem and any other person or persons which the Court deems appropriate and shall then pass on to give a final decision on the protection order and may impose any other conditions which the Court may deem appropriate including entrusting the minor in the care and custody of the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers or such other competent authority or entity which the Court deems appropriate.

(8)Upon issuing a protection order as mentioned in sub-article

(7), the Court shall thereupon refer the case to the Review Board for revision according to the provisions of this Act unless the care plan filed with the application provides for the relocation of the minor within the first four

(4)months from the authorisation of the protection order: Provided that when the care plan provides for the relocation of the minor, the Director (Child Protection) shall, by not later than four

(4)months from the authorisation of the protection order, file an application in court to request the Court either to revoke the protection order and authorize the relocation or else to refer the case to the Review Board for revisions according to the provisions of this Act: Provided further that when the case is referred to the Review Board according to the first proviso, the Review Board shall appoint the case for its first revision by not later than ten

(10)working MINOR PROTECTION (ALTERNATIVE CARE) days. 22.

(1)A protection order shall remain in force until the minor reaches the age of eighteen years or is revoked by the Court.

(2)The Court may revoke a protection order upon receiving a recommendation to do so, given by the Review Board in accordance with article 33

(5)or as provided by other provisions of this Act.

(3)Before revoking an order in accordance with the foregoing sub-article, the Court shall consider, as applicable: (

1. a)the recommendation by the Review Board and the reasons given for it; (
2. b)the views of the minor if considered to have sufficient understanding; (
3. c)the views of the Children’s Advocate; (
4. d)the views of the the parent or parents depending on the circumstances of the case of the minor; (
5. e)the views of the key social worker; (
6. f)the views of the alternative carer; (
7. g)the views of the tutor and, or curator; and (
8. h)the views of any other person which the Court deems appropriate.

(4)When the Court determines that there are sufficient reasons to revoke a protection order, it shall refer the case to the Review Board in order to prepare a reintegration plan, and for such purpose the provisions of article 35 shall apply mutatis mutandis.

(5)When the Court determines that there are insufficient reasons to revoke a protection order, it shall order that the revisions by the Review Board shall continue and it shall give the reasons why.

(6)For the purposes of sub-articles

(4)and

(5), the Court shall consider: (

1. a)the age of the minor; (
2. b)the wishes of the minor and the consideration it should give to such wishes in accordance with the level of maturity of the minor; (
3. c)the length of time the minor has been under the care of his current alternative carers; Validity of protection orders for minors. Amended by: XXIII.2021.15. MINOR PROTECTION (ALTERNATIVE CARE) (
4. d)the bond of the minor with his parents and his current alternative carers; (
5. e)the capability of the parent or parents depending on the circumstances of the case of the minor to provide for an adequate level care for the minor and if they can provide stability, predictability and permanency to the minor which is relational, physical and legal; and; (
6. f)the risk of psychological harm which the minor may suffer if his current care arrangements are changed or revoked. Alternative permanency plan. Amended by: XXIII.2021.16; XI.2023.16. 23.

(1)The Court may, by decree and given the circumstances of the case, order that an alternative permanency plan is in the best interest of the minor.

(2)The alternative permanency plan shall be aimed towards reducing or revoking the effects of the minor’s protection order and it shall provide for a permanency which is relational, physical and legal.

(3)The Court, when from the circumstances of the case it is clear that there are no reasonable prospects for the re-integration or reunification of the minor with his parent or parents, may issue a decree as mentioned in sub-article

(1)upon an application by the Director (Child Protection) which is made concurrently with a request for a protection order, and with such an application the Director (Child Protection) shall also file an alternative permanency plan for the authorisation of the Court: Provided that the Court may also issue a decree as mentioned in sub-article

(1)upon a recommendation of the Review Board in accordance with article 33

(7)and in such case, the alternative permanency plan shall be prepared by the Director Alternative Care (Children and Youths) and filed for the authorization of the Court with the recommendation of the Review Board.

(4)Before issuing a decree according to this article the Court shall consider the views and wishes of the minor if he is deemed to have sufficient understanding, as well as the views of any other person or entity which the Court deems relevant to safeguard the views and wishes of the minor.

(5)When the Court issues a decree as mentioned in sub-article

(1), it shall order that a copy of the decree be notified to all the parties, including the Directorates, the Children’s Advocate, the parent or parents of the minor depending on the circumstances of the case, the tutor and, or curator if applicable and the Review Board.

(6)Any revision of the alternative permanency plan shall be made at least once a year through a report by the key social worker that is to be MINOR PROTECTION (ALTERNATIVE CARE) filed with the Review Board.

(7)For the purposes of the foregoing sub-article, the Review Board shall, whenever it deems it appropriate to do so, call upon any person or entity to appear before it and to submit any document it may require: Provided that the Review Board shall have the power to hear the minor at any time in which the alternative permanency plan is in force in order to verify the well-being of the minor. 24.

(1)In accordance with the provisions of this article and upon an application by the Director Alternative Care (Children and Youths) or any other person having an interest, the Court may issue a decree ordering that a minor subject to a protection order may be freed up for adoption and it may do so even without the consent of his parents: Decree allowing the adoption of a minor. Amended by: XXIII.2021.17,21; XI.2023.17. Provided that notwithstanding any other provision of any other law, an adoption following an order in accordance with this article may be open and without age restrictions.

(2)Together with the relevant particulars identifying the minor and, if applicable, the parents of the minor, the application mentioned in the foregoing sub-article shall also include the reasons for the request and, if the Director Alternative Care (Children and Youths) has identified them, the particulars identifying the prospective adoptive parents: Provided that if the alternative carers are amongst the persons identified as prospective adoptive parents, the Directorate of Alternative Care (Children and Youths) shall, if this is in accordance with the best interest of the minor, give preference to such carers.

(3)Together with the application, the Director Alternative Care (Children and Youths) shall file an updated care plan providing recommendations for the continued care of the minor either with the prospective adoptive parents or with alternative carers until other carers are identified according to the care plan and the transition into their care when these have been identified, in terms of the provisions of this Act or of any other law regulating adoption.

(4)The application mentioned in this article shall be notified to the parent or parents of the minor depending on the circumstances of the case who shall have twenty days from such notification to file their reply: Provided that when the Court has three negative certificates of service in accordance with article 187 and 188 of the Code of Organization and Civil Procedure and, or it is not possible for the parent or parents, depending on the circumstances of the case, to be     MINOR PROTECTION (ALTERNATIVE CARE) traced, located or found or are incapable of being parties to the proceedings, the Court shall proceed to appoint curators in accordance with article 930 of the Code of Organization and Civil Procedure to represent the interests of the parent or parents of the minor depending on the circumstances of the case. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing.

(5)Following the filing of the reply mentioned in sub-article

(4)or the failure to file such reply within the term therein given, the parties shall be notified with the date of the hearing of the application.

(6)Before issuing a decree ordering that the minor under alternative care be freed up for adoption, the Court shall: (

1. a)hear and ascertain the views and wishes of the minor if he is deemed to have sufficient understanding; (
2. b)hear every person entrusted with any form of care or custody of the minor to be freed up for adoption and professionals following and supporting such minor; (
3. c)hear the parent or parents of the minor depending on the circumstances of the case; (
4. d)hear the Children’s Advocate, the key social worker and any other person it deems relevant: Provided that, unless there are good reasons that do not allow for such, the same Children’s Advocate that had been appointed to represent the minor during the proceedings for the authorisation of the protection order, should represent the minor before the Court during the hearing appointed by the Court in terms of sub-article

(4); (

1. e)consider whether the freeing up for adoption is in the best interests of the minor; (
2. f)consider whether there are reasonable prospects for the parents to become capable of taking care of the minor in the foreseeable future; and (
3. g)consider the thoughts of the parent or parents depending on the circumstances of the case on whether the minor should be freed up for adoption: Provided that the fact that the consent of the parents is lacking shall not, by itself, constitute an obstacle for the minor to be given up for adoption.

(7)When the Court issues a decree ordering that a minor shall be given up for adoption it shall give its reasons for such a decision. MINOR PROTECTION (ALTERNATIVE CARE)

(8)In every case in which the Director Alternative Care (Children and Youths) identifies the prospective adoptive parents in its application the Court shall refer the decree, together with the application, to that court having the power to issue decrees for adoption and for such purposes the provisions on adoption in the Civil Code shall apply mutatis mutandis and without prejudice to the provisions of this Act.      

(9)Any aggrieved party may file an appeal in accordance with article 66 of this Act. Sub-title III OF THE CHILDREN’S ADVOCATE 25.

(1)Without prejudice to the functions of the Children’s Advocate under any other law, the Children’s Advocate shall: (

1. a)Children’s Advocate. provide legal assistance and advice to the minor; (
2. b)submit the views of the minor in any court or with any administrative body as relayed to him by the key social worker or by an expert on minor protection as appointed by the Court for said purpose; (
3. c)provide explanations to the minor on the possible consequences should they conform to his or her wishes; and (
4. d)provide the minor with any relevant information: Provided that the Children’s Advocate shall provide the minor with all the relevant explanations and information as mentioned in paragraphs (
5. b)and (
6. c)only if the minor is deemed to have sufficient understanding.

(2)The Children’s Advocate shall receive such relevant training so as to effectively represent and safeguard the views and wishes of the minor, as may be prescribed by regulations, from time to time, by the Minister responsible for justice: Provided that when the Children’s Advocate is to be engaged in relation to an unaccompanied minor the relevant Children’s Advocate should also receive or have received training on the problems and issues affecting migrant children and migrant children seeking international protection. TITLE III OF THE THERAPEUTIC AND SECURE CENTRE 26.*

(1)There shall be established a Therapeutic and Secure Centre within that entity mentioned by the Minister by notice in the Therapeutic and Secure Centre. MINOR PROTECTION (ALTERNATIVE CARE) Gazette, having the purpose of holding minors with serious behavioural difficulties in a safe and adequate place so that they be given the required therapy and assistance in order to return to society and participate in it in an appropriate manner.

(2)The prerequisites for a minor to be possibly placed under a programme within the Therapeutic and Secure Centre are that: (

1. a)the minor absconded or it is probable that he will abscond again and, if the minor so absconds it is probable that his physical, psychological and moral well-being be put at risk; or (
2. b)it is probable that the minor behaves in such a manner as to possibly hurt himself; or (
3. c)it is probable that the minor may cause harm to another person. Immediate placement. 27.*

(1)Without prejudice to any other law, when a social worker gains knowledge that a minor finds himself in the immediate risk of significant harm because of difficulties in his behaviour in accordance with one of the prerequisites mentioned in article 26

(2), he shall refer the case to the Director of the entity mentioned in article 26

(1)so that, in the best interests of the minor, the minor is immediately removed from such risk and placed under a programme within the Therapeutic and Secure Centre.

(2)The decision mentioned in sub-article

(1)shall be approved by the Director (Child Protection) together with the Director of the entity mentioned in article 26

(1)and two senior professionals within the Agency.

(3)The Director of the entity mentioned in article 26

(1)shall ensure that the Therapeutic and Secure Centre performs a specialized evaluation on the risks for the minor within three days from his immediate placement in the centre, which specialized evaluation shall be filed together with the application mentioned in sub-article

(4).

(4)When a minor is immediately placed under a programme within the Therapeutic and Secure Centre according to this article, the Director (Child Protection) shall file an application to the Court within three days from such placement and the Court shall validate or revoke the decision taken without delay. Request for placement in the Therapeutic and Secure Centre. 28.† When one of the circumstances mentioned in article 26

(2)is present but the circumstances of the case do not require an immediate placement according to article 27, the Director (Child Protection) may also file an application so that the Court may authorize the placement of *Not yet in force. *Not yet in force. †Not yet in force. MINOR PROTECTION (ALTERNATIVE CARE) the minor in the Therapeutic and Secure Centre. 29. *

(1)Any interested person which disagrees with the decision to place a minor in the Therapeutic and Secure Centre may file an application to the Court and request the revocation of that decision. Request for removal from the Therapeutic and Secure Centre.

(2)The application mentioned in sub-article

(1)shall be notified to the Director (Child Protection) and to the Director of the entity mentioned in article 26

(1)who shall have five working days, or such period as the Court deems appropriate, to file their reply.

(3)The Court shall decide on the application mentioned in subarticle

(1)without delay.

(4)The application mentioned in sub-article

(1)shall not suspend the execution of the decision which is thereby being objected to. 30. †

(1)In any proceedings of a criminal nature heard before it, the Court may, in giving its judgement, request the Director (Child Protection) to consider the case as referred to him so as to consider and decide on whether the minor should be placed in the Therapeutic and Secure Centre or not: Power of the Court. Provided that when the Director (Child Protection) considers the case as mentioned in this sub-article, the Director (Child Protection) shall consult and gain the approval of the Director of the entity mentioned in article 26

(1)and of two senior professionals from the Agency.

(2)When it is determined that a case merits the placement of a minor within the Therapeutic and Secure Centre according to this article, and there shall also be one of the circumstances mentioned in sub-article 26

(2), the Director (Child Protection) shall file an application in the acts of the proceedings by which he lays out the conditions for said placement, which conditions shall have to be authorized by the Court for the placement to take effect. TITLE IV OF THE MINORS CARE REVIEW BOARD 31.

(1)There shall be established a board to be known as the Minors Care Review Board, which shall consist of seven persons appointed by the Minister, as follows: (a) a Chairperson being a warranted advocate having at least five

(5)years professional experience in family law or law as relating to minors, or being a warranted professional who is an expert in the social field and who worked in the same field for at *Not yet in force. †Not yet in force. Minors Care Review Board. Amended by: XXIII.2021.18; XI.2023.19; XXIX.2024.16. MINOR PROTECTION (ALTERNATIVE CARE) least five

(5)years, and whose appointment shall be communicated for discussion to the Standing Committee on Social Affairs or to any other committee which takes its place so that it may be discussed by such committee; (b) Repealed by Act XXIX.2024.16. (c) one

(1)member being a registered social worker and having at least five

(5)years professional experience in social work; (d) one

(1)member qualified in family therapy, with preference being given to persons having at least five

(5)years experience; (e) one

(1)member being a warranted psychologist; (f) one

(1)person with professional experience in a field related to the safeguarding of children which is to be nominated by the Commissioner for Children; and (g) Repealed by Act XXIX.2024.16. (1A) The Review Board may consult with any other independent professionals, in accordance to the necessity and the case in question.

(2)The members of the Review Board shall hold their position for a period of four years from their appointment and a membermay be reappointed. (2A) Should the exigency arise, the Minister may appoint an Additional Board or Boards, which Board or Boards shall be constituted and shall follow the same procedures in accordance with the provisions of this Act: Provided that should an Additional Board be constituted, the Boards shall have, as much as possible, an approximate equal workload of cases: Provided further that once the cases have been assigned and the Boards are hearing the revisions, cases shall be followed by the same Board.

(3)A Member of the Review Board may be removed from his position by the Minister if said member is no longer fit to continue in such a position or is no longer capable of fulfilling or of adequately fulfilling his responsibilities as a member: Provided that a person shall not qualify or shall be removed from such Board should it have been established by any Authority or a Board of Inquiry that such person had not safeguarded the interest of MINOR PROTECTION (ALTERNATIVE CARE) minors.

(4)The appointment of any person as a member of the Review Board as well as his resignation or the termination of said appointment, as well as any additional function given to the Review Board by the Minister, shall be notified in the Gazette and shall come into force immediately: Provided that the failure to publish an appointment or termination, as applicable, will not adversely affect the validity of such appointment or termination.

(5)In every case, the number of members present required for a quorum shall be four and decisions shall be taken by simple majorityand in case of a tie, the Chairperson shall exercise a casting vote. 32.

(1)The Review Board shall have those functions and powers as given to it by this Act or by any other law, or as may be prescribed from time to time by the Minister by notice in the Gazette.

(2)Without prejudice to the powers and functions created under this Act or any other law, the powers and functions of the Review Board shall include: (

1. a)the making of periodical revisions to the care plan and the making of decisions on the modifications to the care plan as and when necessary; (
2. b)examining written reports by the key social worker; (
3. c)the making of recommendations to the Court on the situation of the minor and his family, inclusive of the actual and potential capability of the family to take care of the minor, so that the Court may decide, in the best interests of the minor, whether the re-integration of the minor with his family is possible or not; (
4. d)the making of recommendations to the Court on the need for a protection order for a minor, as needed from time to time; (
5. e)Repealed by XI.2023.20. (
6. f)in the case of disagreement on the care of the minor in matters of particular importance, the taking of decisions it deems as being in the best interests of the minor, after having given its reasons therefor; and (
7. g)ensuring that the best interests of the minor are being safeguarded by all the persons involved in his care. (
8. h)the making of decisions in case of disagreements when there is a placement of a minor in alternative care during a Functions and powers of the Review Board. Amended by: XXXVII.2020.8; XXIII.2021.19; XI.2023.20. MINOR PROTECTION (ALTERNATIVE CARE) social contract in accordance with the provisions of this Act, including on matters relating to the psychological and therapeutic needs of the minor and the making of decisions whether to terminate such placement or not and such decisions shall always be taken in the best interests of the minor; (
9. i)the making of decisions in relation to the suspension of contact for a period longer than a month in accordance with article 36A

(1)(j) of this Act, which decision is to be notified to all interested parties.

(3)Without prejudice to the provisions of this Act, and to those regulations that may be made thereunder, the Review Board shall regulate its own proceedings: Provided that when there is a need to hear the minor the Board shall convene in the places established according to article 15 or in that place that is considered as offering a secure and adequate environment for the minor.

(4)Without prejudice to any other law, so as to execute its functions according to this Act, the Review Board shall have the power to access any documentation relevant to a case and to request the assistance of any person, and it may do so whenever the Review Board deems it helpful in the exercise of its functions.

(5)The Minister shall designate a person to act as Secretary to the Review Board and such person shall, as part of his duties, be responsible for the keeping of the relevant records and shall carry out such other work related to the functions of the Review Board as may be instructed by the Chairperson: Provided that the Secretary to the board shall have no vote. Revisions.  Amended by: XI.2023.21. 33.

(1)The first revision of the care plan shall be made by the Review Board not later than four months from the date when the Board receives the copy of the final decision as provided in article 18

(9), and subsequent revisions shall thereafter be made at least once a year: Provided that the key social worker or the tutor and, or curator of the minor, as applicable, may file an urgent request with the Review Board so that the case is reviewed before the one year term due to the minor suffering, or being in danger of suffering, significant harm as a result of the care plan or due to a need of the minor meriting such review to ensure the minor’s wellbeing: Provided further that, in every case, the Review Board shall appoint the case for hearing not later than five working days from the filing of the request and it shall, after having heard the parties involved, give its decision on such an urgent request.

(2)The key social worker shall file an update and, or review of MINOR PROTECTION (ALTERNATIVE CARE) the care plan for the minor with the Review Board during the revisions by the Board. Said reviewed care plan shall describe the requirements which the parents must meet so as to re-integrate or re-unite the minor with said parents, and also establish an alternative permanency plan: Provided that the key social worker shall make every reasonable effort so that the minor be re-integrated or re-united with his parents and he shall always do so in accordance with the best interests of the minor.

(3)On the day appointed for each revision of the case, the Review Board shall hear the parents of the minor, the key social worker, the alternative carer and, if applicable, the tutor and, or curator, so as to determine if progress is being made in accordance with the care plan: Provided that the Review Board may hear the minor whenever it deems it in the best interests of the minor to do so, or whenever the minor expresses his wish to be heard by the Review Board to the key social worker or to any other person having contact with the minor, and for such a purpose the board may also decide on a day and time which is different from the day and time appointed for the revision.

(4)For the purpose of fulfilling its functions, the Review Board may also consult with those professionals or other persons which it deems appropriate and for such a purpose it may also invite those professionals, or other persons, to attend the meetings of the Review Board as may be indicated to them.

(5)The decision of the Review Board may be that there was sufficient progress justifying the revocation of a protection order or that there has not been such progress: Provided that in case that there be such progress, the Review Board shall make a recommendation to the Court so that the latter may, after having heard the interested parties, order said revocation or not.

(6)When the Review Board determines that there has not been sufficient progress to justify the revocation of a protection order, and two years have passed since the date on which the Board held the first revision of the care plan within the first four

(4)months in accordance with articles 33

(1)of this Act, the Review Board shall determine whether there are reasonable prospects for the re-integration or reunification of the minor with his parents or not.

(7)If the Review Board determines that there are reasonable prospects as required by sub-article

(6), it shall continue with its periodical reviews and this without prejudice to those variations to the care plan as it would deem necessary in the circumstances of the case: Provided that if the Review Board determines that the prospects are not reasonable as required by sub-article

(6), it may MINOR PROTECTION (ALTERNATIVE CARE) determine that it will proceed before the Court with a recommendation to have the alternative permanency plan come into effect: Provided further that the Review Board may recommend the coming into effect of the alternative permanency plan at any time in which the minor is under a protection order, if this is deemed to be in the best interests of the minor. (7A) The Review Board shall notify all interested parties with its determination to proceed with the re-integration of the minor or to proceed before the Court with the recommendation for the alternative permanency plan. The Review Board shall also invite the parties to communicate to the Review Board their disagreement, if any, with such decision and reasons supporting such disagreement within a given timeframe. Upon the lapse of such timeframe, the Review Board shall proceed before the Court, putting forward its determination as well as any disagreeing positions received and the Court shall proceed to confirm, revoke or vary the determination of the Review Board.

(8)Prior to pronouncing its final decision, the Court may appoint a hearing within ten

(10)working days to hear the views of every person it deems necessary in the circumstances, and in particular t h e v i e w s o f t h e m i n o r i f h e i s d e e m e d t o h a v e s u ff i c i e n t understanding:          Provided that if the Review Board indicates to the Court that notification to an interested party has not been possible despite attempts by the Review Board or it is not possible for the parent or parents of the minor, depending on the circumstances of the case, to be traced, located or found or are incapable of being parties to the proceedings, the Court shall proceed to appoint curators in accordance with article 930 of the Code of Organization and Civil Procedure to represent the interests of that party. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing.

(9)Repealed by XI.2023.21.

(10)Repealed by XI.2023.21.

(11)When the Court issues a decision as mentioned in subarticle

(8), it shall order that a copy of the decree is to be notified to all the parties including the Directorates, the Children’s Advocate, the parent or parents of the minor depending on the circumstances of the case, the tutor and, or curator if applicable and the Review Board.

(12)Any aggrieved party may file an appeal in accordance with article 66 of this Act. Variations to the care plan. Amended by: XI.2023.22. 34.

(1)Without prejudice to the provisions of article 22, when the key social worker, the parents of the minor, the alternative carer or, if MINOR PROTECTION (ALTERNATIVE CARE) applicable, the tutor and, or curator, request a variation to the care plan, the Review Board shall decide on the need or otherwise of doing so.

(2)The Review Board shall decide on the manner in which a care plan is to be varied after hearing all the persons involved, and it shall order the key social worker to make those variations to the care plan as established by the board.

(3)When the Review Board decides that a variation to the care plan is necessary it shall give its reasons in a report which is to make part of that decision.

(4)When the key social worker, the parent or parents of the minor, or if applicable the tutor and, or curator, feel aggrieved by the decision of the Review Board, any one of them may, within fifteen

(15)working days, request the Court to vary or revoke the decision of the Review Board. The Court shall proceed to determine this review in the same manner as provided in article 33. 35.

(1)For the purposes of article 22

(4), the Review Board shall, in agreement with the key social worker, the parents of the minor, the alternative carer and, if applicable, the tutor and, or curator, provide in writing the aims of the re-integration and the method in which the minor shall be re-integrated with his family.

(2)When the Review Board determines that the aims of the reintegration plan have been met it shall file a note to that effect in the acts of the case and send those acts to the Court so that the latter shall give its decision on the recommendations of the Review Board.

(3)The Court shall revoke the protection order if upon receiving the acts referred to in the preceding sub-article it is satisfied that the aims have been met, without prejudice to those conditions which it may deem fit to impose: Provided that the Court may, before giving effect to such revocation, hear any person which it may deem appropriate in the circumstances of the case: Provided further that the Court shall in all cases hear the minor if deemed to have sufficient understanding.

(4)In its decision, the Court may order the re-integration of the minor with his parents while keeping in force the protection order for that period which it deems appropriate. PART II OF ALTERNATIVE CARE TITLE I Re-integration. MINOR PROTECTION (ALTERNATIVE CARE) OF THE DIRECTOR RESPONSIBLE FOR THE WELFARE OF MINORS IN ALTERNATIVE CARE Establishment and functions of the Director Alternative Care (Children and Youths). Amended by: XXIII.2021.20,21; XI.2023.23. 36.

(1)There shall be a Director responsible for promoting the development and well-being of minors in alternative care, who shall be known as Director Alternative Care (Children and Youths) and who shall be appointed following a public call from amongst persons having at least five years experience in services related to minors and having competence in management.

(2)The Director Alternative Care (Children and Youths) shall be an officer of the Foundation for Social Welfare Services and shall exercise his functions through it: Provided that the Director Alternative Care (Children and Youths) shall at all times act in an impartial manner in the exercise of his functions.

(3)There shall also be other officers who shall exercise and perform all such powers, functions and responsibilities as may be delegated or assigned to them by the Director Alternative Care (Children and Youths).

(4)In the exercise and performance of the powers, functions and responsibilities delegated or assigned to them as aforesaid, the officers of the Director shall, save as otherwise apparent, have the same powers, functions and responsibilities as are by law imposed on or given to the Director.

(5)In the exercise and performance of their powers, functions and responsibilities, the Director Alternative Care (Children and Youths) and the officers referred to in sub-article

(3)may request the assistance of the Executive Police in accordance with the Police Act, whenever they deem it required.

(6)Repealed by XI.2023.23.

(7)The legal and judicial representation of the Director Alternative Care (Children and Youths) shall vest in the Director Alternative Care (Children and Youths), who may delegate the exercise of said representation to other officers.

(8)When the circumstances of a specific case require it, all powers given to the Director Alternative Care (Children and Youths) under this Act may be exercised by the Chief Executive Officer of the Foundation for Social Welfare Services. Functions of the Director Alternative Care (Children and Youths). Added by: XI.2023.24. 36A.

(1)Without prejudice to any other function or responsibility given to the Director Alternative Care (Children and Youths) in accordance with this Act or any other law, this Director shall: MINOR PROTECTION (ALTERNATIVE CARE) (

1. a)match foster carers with minors who are to be placed under foster care in accordance with article 50; (
2. b)make any reasonable attempt to place siblings with the same foster carer if this is in the best interest of the siblings; (
3. c)make any reasonable attempt to place a parent who is a minor and her offspring with the same foster carer; (
4. d)ascertain that every placement under foster care is in the best interest of the minor; (
5. e)follow up on all placements under foster care which have been occasioned through it and provide support to the foster carers throughout such placement under foster care; (
6. f)consider and propose changes, if needed, to any foster care agreement; (
7. g)investigate complaints against a foster carer in accordance with the manual or procedures mentioned in article 36B and write a report to be referred to the Fostering Board for any required action; (
8. h)investigate any abuse allegations related to foster care placements in accordance with the manual or procedures referred to in article 36B and submit a report to the competent authority as may be required; (
9. i)regulate the frequency and modality of contact between the minor in alternative care and the parent or parents, depending on the circumstances of the case, siblings, and, or any other such person close to him in accordance with article 63

(3); (j) suspend contact between the minor and any person mentioned hereinabove in view of grave circumstances, which suspension may not be for a period longer than a month: Provided that should the Director deem it necessary and, or in the best interest of the minor to have a longer suspension from contact, the Director shall inform the Review Board of the circumstances that led to the decision to suspend contact and the Board shall decide accordingly, by not later than ten

(10)working days; (

1. k)carry out periodical assessment of the family members of the minor in order to evaluate progress according to the care plan of the minor: Provided that as part of this assessment, the MINOR PROTECTION (ALTERNATIVE CARE) Director may be provided with information, as may be reasonably required for this purpose, by professionals and such communication shall be protected by professional secrecy: Provided further that as part of this assessment, the Director may request the competent authority to furnish it with information, as may be reasonably required for this purpose, relating to criminal proceedings pending against the individuals being assessed; (
2. l)prepare, agree to, sign, and monitor a social contract in accordance with the provisions of this Act; (
3. m)grant or refuse permission for a minor to travel with his alternative carers and the issuing of an official document as proof of such permission, when so granted: Provided that the Director shall communicate immediately with the competent authority about the minor’s consented trip in view of article 18

(10); (

1. n)regulate voluntary placements of minors in alternative care in accordance with article 68 of this Act; (
2. o)affect a change in placement of the minor in alternative care according to the best interest of the same minor: Provided that the Director shall without delay inform the parent or parents depending on the circumstances of the case as well as the Review Board of such change in placement; (
3. p)make recommendations to the competent entity in accordance with the provisions of this Act in relation to the reintegration or permanency, the freeing up of the minor for adoption and, or revocation of the protection order, which recommendations shall always be made in the best interests of the minor; (
4. q)delegate ordinary medical and educational decisions of a minor to the alternative carer or carers and the withdrawal of such delegation, once vested with the care and custody of the minor in alternative care by the Court; (
5. r)make extraordinary and urgent medical decisions after seeking the advice of medical professionals following the minor; (
6. s)make decisions relating to the psychological needs of the minor in alternative care including decisions relating to the minor receiving therapy; MINOR PROTECTION (ALTERNATIVE CARE) (
7. t)undertake the necessary process for a minor in alternative care to be transferred from one school to another upon placement in alternative care and, or a change in placement in accordance with the best interests of the same minor: Provided that the Director shall without delay inform the parent or parents depending on the circumstances of the case as well as the Review Board of such change of school; (
8. u)prepare an after care plan when deemed necessary for a minor under a protection order; (
9. v)perform any other function or duty as the Minister may, by regulations under this Act, assign to it from time to time.

(2)The Director Alternative Care (Children and Youths) shall also have the following functions: (

1. a)the provision of services in accordance with standards, criteria, procedures and guidelines established by the Central Authority and in accordance with those standards of service therein established; (
2. b)the receipt and processing of applications by persons applying to be registered as foster carers; (
3. c)the provision of initial and on-going training to prospective foster carers and foster carers registered with it, as well as providing them with adequate and continuous support when the Director Alternative Care (Children and Youths) places a minor under foster care with the foster carers; (
4. d)providing the Central Authority with access to any document relating to the foster care procedures of any minor, including reports on any foster carer or prospective foster carer; (
5. e)providing the Central Authority with access to its accounts and audited accounts; (
6. f)the submission of a report to the Central Authority on the exercise of its functions at the end of each calendar year; (
7. g)conforming with any other function as may be specified by the Central Authority.

(3)Without prejudice to any other function or responsibility given to them in accordance with this Act or any other law, every agency accredited in accordance with this Act shall also have the MINOR PROTECTION (ALTERNATIVE CARE) functions listed in sub-article

(2). Policies and procedures of the Director Alternative Care (Children and Youths). Added by: XI.2023.24. 36B. The Director Alternative Care (Children and Youths) shall develop, update and fulfil the written policies, procedures and manuals which are subject to approval by the Central Authority, and which shall inter alia provide for: (

1. a)procedures on training and evaluation; (
2. b)forms of support for foster carers and minors placed under foster care as applicable before, during and after such placement under foster care; (
3. c)carer; and (
4. d)Information to prospective foster carers. Added by: XI.2023.24. investigation of complaints against any foster changes in the circumstances of foster carers. 36C. Before commencing the fostering process, the Director Alternative Care (Children and Youths) shall: (
5. a)inform prospective foster carers of its objectives, powers and activities; (
6. b)make available a copy of its Accreditation Certificate to prospective foster carers as proof of its accreditation; and (
7. c)inform prospective foster carers of any legal requirements. Registers. Added by: XI.2023.24. 36D.

(1)The Director Alternative Care (Children and Youths) shall maintain one or more registers which will at least have lists of: (

1. a)the prospective foster carers registered with it; (
2. b)the foster carers registered with it; and (
3. c)the professionals who are monitoring every foster care placement.

(2)In addition to what is provided in sub-article

(1), the Central Authority may, by informing the Director Alternative Care (Children and Youths) in writing, order it to add other information to be registered and kept in the registers mentioned in sub-article

(1). Training for social workers. Added by: XI.2023.24. 36E. The Director Alternative Care (Children and Youths) shall make all reasonable efforts to ensure that every social worker assigned to carry out duties with regard to foster care procedures is adequately trained in this regard and continues to receive ongoing training. TITLE II MINOR PROTECTION (ALTERNATIVE CARE) OF THE SOCIAL CARE STANDARDS AUTHORITY 37. Without prejudice to any functions and responsibilities established in the Social Care Standards Authority Act, or in any other law, the Authority shall, for the purposes of this Act, have the responsibility: (

1. a)to receive and acknowledge applications for a licence to establish, operate and maintain a minor residential care service; Responsibilities of the Social Care Standards Authority.  Amended by: XXIII.2021.21. (
2. b)to grant or refuse an application for a licence, or to revoke or suspend the licence of a minor residential care service provider; (
3. c)to receive, acknowledge, investigate and take any necessary action in relation to any complaints against the Director Alternative Care (Children and Youths) or any agency purporting to act as such, or against any minor residential care service provider; (
4. d)to impose such conditions for licensing as it may, from time to time, by means of regulations, determine to be necessary; (
5. e)to take any measures deemed necessary in the circumstances if a placement, whether local or cross-border, is in breach of the provisions of this Act; (
6. f)to monitor and inspect the support services being offered by the Director Alternative Care (Children and Youths) to the minor and the alternative carers; (
7. g)to inspect those premises where the minor is being accommodated, or any other premises proposed for the accommodation of the minor; and (
8. h)to monitor and inspect the services being offered by residential carers to the minors in their care. TITLE III OF THE FOSTERING BOARD 38.

(1)There shall be a board, to be known as the Fostering Board, appointed by the Minister, which shall consist of seven members as follows: (

1. a)one person shall be a Chairperson and shall have at least five years professional experience of practice in foster care; (
2. b)two persons who have at least four years Establishment of the Fostering Board. Amended by: XXIII.2021.21. MINOR PROTECTION (ALTERNATIVE CARE) professional experience in social work; (
3. c)one person who is, or was, a foster carer for a period of at least three years; (
4. d)one person who is a social worker with three years experience in foster care; (
5. e)one person being a warranted psychologist; and (
6. f)one adult person who had lived in foster care for at least three years.

(2)The members referred to in the foregoing sub-article may be appointed at any time during the term of office of the Fostering Board.

(3)The members of the Fostering Board shall be appointed by the Minister for a period of four

(4)years and shall on the expiration of their term of office be eligible to be re-appointed as members.

(4)Any member of the Fostering Board may be removed by the Minister if such member is no longer fit to continue in his role or became incapable of fulfilling his duties as a member.

(5)In the event that any member of the Fostering Board vacates his office before completing his term, the member appointed in his stead shall be so appointed for the unexpired period of the original appointment.

(6)Without prejudice to the provisions of this Act and of any regulation made thereunder, the Fostering Board shall regulate its own procedure.

(7)In every case, the number of members present required for a quorum shall be five and decisions shall be taken by simple majority.

(8)The Chairperson shall have an original vote, and in case of equality of votes, a casting vote.

(9)The Minister shall designate a person to act as Secretary to the Fostering Board and such person shall, as part of his duties, be responsible for the keeping of the relevant records and shall carry out such other work related to the functions of the Fostering Board as may be instructed by the Chairperson: Provided that the Secretary to the board shall have no vote.

(10)The Fostering Board shall meet as and when required, so however that it shall meet at least once a month: Provided that upon a written request by the Minister or the Director Alternative Care (Children and Youths), which request shall be MINOR PROTECTION (ALTERNATIVE CARE) made to the Secretary of the board, the board shall meet not later than forty-eight hours after the request is made.

(11)In the exercise of its functions under this Act, the Fostering Board may consult with professionals or other persons as it may deem appropriate. For such purpose, the Fostering Board may invite any such professional or other person to attend meetings of the board.

(12)The acts and documents of the Fostering Board, and the contents thereof, shall not be viewable, are not to be accessed by anyone, and no copies thereof may be given save to the concerned parties or to their advocate or legal procurator as may be authorized by said parties.

(13)Twice a year, the Fostering Board shall send reports to the Minister on all its activities in the previous six calendar months, and it shall do so within the first fifteen days of the following calendar month. 39.

(1)The functions of the Fostering Board shall include: (a) determining whether prospective foster carers are adequate or not to be foster carers in accordance with the recommendations indicated in the report prepared by the social worker for such a purpose and in accordance with article 49

(1)(c), hereinafter referred to as the Home Study Report; (

1. b)act as such; determining whether a foster carer is adequate to (
2. c)specifying which type of foster care each foster carer may provide; (
3. d)keeping an updated register of foster carers; (
4. e)providing foster carers with official documentation which identifies them as such and an authentic letter identifying the minors in their care; (
5. f)reviewing reports compiled by the Director Alternative Care (Children and Youths), following a complaint against a foster carer, and taking any action as deemed fit in the circumstances; and (
6. g)the making of recommendations to the Minister on a more effective implementation of the provisions of this Act and any regulation made thereunder.

(2)The Fostering Board shall have access to all documentation deemed relevant for foster care procedures and no one may hinder the board in the performance of any of its functions. Functions of the Fostering Board. Amended by: XXIII.2021.21. Decisions of the Fostering Board. Amended by: XXIII.2021.21; XI.2023.27. MINOR PROTECTION (ALTERNATIVE CARE) 40.

(1)In exercising its functions under article 39

(1)(a), (b), (c) and (f), the Fostering Board shall consider the Home Study Reports and the Review Reports made according to article 52 and referred to it by a social worker of the Director Alternative Care (Children and Youths) as well as all other documentation which the board may deem appropriate.

(2)The Fostering Board shall also hear the prospective foster carer, or the foster carer, as applicable, the minor if considered to have sufficient understanding, and any other person which the board deems appropriate given the circumstances of the case.

(3)For any decision or action taken in accordance with subarticles

(1)and

(2), reasons shall be given in writing and notified to the prospective foster carer or the foster carer, as applicable, and to the Director Alternative Care (Children and Youths).

(4)The notification mentioned in the foregoing sub-article shall be made by tracked mail within five working days from the date of the decision.

(5)The Fostering Board shall determine any requests made to it according to this Act not later than six weeks from the date the request was made, unless the board is of the opinion that a longer period is required for a valid reason which should be declared and recorded in the acts of the case.

(6)The foster carer or the prospective foster carer, as applicable, may appeal any decision given by the Fostering Board by filing an application with the Board of Appeal not later than five working days from the date of notification by tracked mail. TITLE IV OF THE CENTRAL AUTHORITY ON FOSTERING Central Authority on fostering. 41. There shall be a Central Authority on fostering which shall be that entity which upon the entry into force of this Act was responsible for fulfilling the functions provided in article 42 and, or by regulation made under this Act: Provided that, from time to time, the Minister may, by regulations, confirm that entity or identify another entity as the Central Authority, and by the same regulations he may assign other functions and responsibilities to it in addition to those already provided in this Act for the Central Authority. Functions of the Central Authority on fostering. Amended by: XXIII.2021.21. 42. The functions of the Central Authority shall include: (

1. a)receiving and acknowledging applications for accreditation; (
2. b)granting, refusing, suspending and revoking the MINOR PROTECTION (ALTERNATIVE CARE) accreditation of agencies in accordance with established criteria; (
3. c)receiving, acknowledging, investigating and taking of any necessary action on any complaint against accredited agencies or agencies purporting to act as such; (
4. d)receiving requests from foreign persons who are approved as foster carers in another country or from accredited agencies, which requests shall be referred to the Director Alternative Care (Children and Youths) and it is only the Director Alternative Care (Children and Youths) which shall make the necessary checks once such references are made to it; and (
5. e)receiving applications from agencies which want to provide cross-border foster care and deciding on whether to allow such agencies to place minors under foster care. 43.

(1)Any agency may apply to the Central Authority for accreditation, in the form approved and provided for by such authority, in order to be able to carry out foster care services. Application for the granting of accreditation.

(2)The Central Authority may, at any time during the processing of an application, require an agency to provide any documents and information deemed necessary in order to ascertain whether accreditation should be granted. 44.

(1)The Central Authority may accredit an agency if it is satisfied that the agency: (

1. a)has professionals with sufficient experience and expertise in dealing with matters related to minors and families; (
2. b)has an adequate number of staff trained to carry out foster care services; and (
3. c)has the administrative and legal competency to carry out the functions appertaining to foster care services.

(2)The provisions of articles 36A

(2)and 36B to 36E shall apply mutatis mutandis to every organisation accredited by the Central Authority in accordance with this article: Provided that articles 36B(c) and 36D

(1)(c) shall not apply to agencies accredited in accordance with this article.

(3)An accredited agency shall be obliged to provide the Director Alternative Care (Children and Youths) with information in its possession, including information on foster carers and prospective foster carers, as requested by the Director Alternative Care (Children and Youths) with the purpose of fulfilling one of its functions according to this Act. Accreditation of an agency. Amended by: XXIII.2021.21; XI.2023.28. MINOR PROTECTION (ALTERNATIVE CARE)

(4)In addition to the requirements provided in the foregoing subarticle, the Minister may prescribe other requisites by regulations made for such purposes or as otherwise may be made under this Act. Accreditation Certificate. Amended by: XI.2023.29. 45.

(1)Upon granting accreditation to an agency the Central Authority shall issue an Accreditation Certificate which shall be valid for a period of two years from date of issue.

(2)The certificate referred to in sub-article

(1)may be renewed by the Central Authority if the accredited agency applies for renewal by not later than two months prior to the expiration of its accreditation and renewal shall only be granted if the accredited agency is still in compliance with articles 43 and 44.

(3)The decision of the Central Authority on the renewal of the accreditation certificate shall be served on the accredited agency, by tracked mail, within three months from the application for renewal. Accreditation refusal. 46.

(1)The Central Authority shall have the right to refuse an application for accreditation, or for its renewal, if it deems the agency inadequate for the provision of foster care services.

(2)A refusal according to sub-article

(1), together with the reasons therefor, shall be given in writing to the applicant agency within three months from the date of application.

(3)The agency or the accredited agency, as applicable, shall have the right to request a change in the decision of the Central Authority by filing an application to the Board of Appeal within twenty days from the date of notification in accordance with sub-article

(2).

(4)If the reason for refusal is no longer present, the organisation or the accredited agency, as applicable, shall have the right to apply with the Central Authority for accreditation. Revocation of accreditation. 47.

(1)The Central Authority shall have the right to revoke accreditation of an agency at any time, if the agency: (

1. a)files a request in writing for revocation; (
2. b)ceases to comply with the criteria of eligibility for accreditation; (
3. c)services; is no longer deemed suitable to provide foster care (
4. d)is in breach of the conditions for accreditation in accordance with the provisions of this Act or of any regulations made thereunder.

(2)The Central Authority shall notify the agency on the revocation, which notification shall be given together with the reasons MINOR PROTECTION (ALTERNATIVE CARE) therefor and such revocation shall have effect from the date of notification.

(3)If the accreditation is revoked on any of the grounds mentioned in sub-article

(1)(b), (c) or (d), the agency may request the revocation of the decision of the Central Authority by filing an application to the Board of Appeal within ten days from notification in accordance with sub-article

(2).

(4)If the accreditation of an agency is revoked, the Accreditation Certificate and all the documents related to foster care services become the property of the Central Authority: Provided that the Central Authority may appoint another accredited agency to have custody of such documents, to follow up on the prospective foster carers and foster carers, to continue taking care and follow up on the placement of minors under foster care, and to perform all the functions of the agency which had its accreditation revoked in accordance with this article. 48.

(1)During the month of January of each year, the Central Authority shall publish in the Gazette: Publication in the Gazette. (

1. a)a list of all accredited organisations specifying their full name, registered address and other relevant contact details; and (
2. b)a list of agencies whose accreditation has been revoked throughout the previous calendar year.

(2)The Central Authority shall publish in the Gazette any change to the conditions required for accreditation or the renewal thereof upon making such a change, and changes shall take effect from the date of publication. TITLE V Sub-title I OF FOSTER CARE 49.

(1)Upon receiving an application by a prospective foster carer, the Director Alternative Care (Children and Youths) shall: (

1. a)train the prospective foster carer; (
2. b)evaluate the suitability of the prospective foster carer; (
3. c)draw up a report on the situation of the prospective foster carer which shall include any appropriate recommendation, which report shall be known as Home Study Report; and Evaluation of prospective foster carers. Amended by: XXIII.2021.22. MINOR PROTECTION (ALTERNATIVE CARE) (
4. d)forward the Home Study Report to the Fostering Board.

(2)For the purposes of drawing up the Home Study Report, the social worker authorised by the Director Alternative Care (Children and Youths) shall visit the ordinary residence of the prospective foster carer as necessary.

(3)The visits mentioned in the foregoing sub-article may be made without notice and the prospective foster carer shall co-operate with the social worker and he shall provide information which as far as he knows is correct. Denying entry of the social worker in his ordinary residence may constitute sufficient ground for the rejection of his application..

(4)Without prejudice to any other provision of this Act or of any other law, the Home Study Report shall include the following: (

1. a)a conduct certificate issued by the Commissioner of Police; (
2. b)a report made by a registered doctor on the state of health of the prospective foster carer; (
3. c)a register of the meetings that the social worker had with the family; (
4. d)a recommendation by the social worker on whether the prospective foster carer is suitable or otherwise, and the reasons therefor; and (
5. e)any other information as the Fostering Board may reasonably require.

(5)When a social worker, in