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Maltese Laws |
CHILDREN AND YOUNG PERSONS (CARE ORDERS) ACT
To make provision for the care of children and young persons.
8th August, 1980;
29th November, 1985
ACT XVIII of 1980, as amended by Acts XIII of 1983 and XIII of 2002;
and Legal Notice 423 of 2007.
Persons (Care Orders) Act.
"Board" means the Children and Young Persons Advisory Board set up under article 11;
"child or young person" means a person who is under the age of sixteen years;
"guardian" means a tutor or curator and includes a guardian in fact;
"Minister" means the Minister responsible for social welfare.
*3. (1) Where any child or young person is found guilty of an offence by or before any court of criminal jurisdiction, and in the opinion of the said court -
(a) none of the other methods in which the case may be dealt with according to law is suitable; and
(b) the child or young person is in need of care or control which he is unlikely to receive unless the court makes an order under
this article in respect of him,
that court may, in lieu of sentencing him to imprisonment or dealing with him in any other manner available according to
law, make an order committing him to the care of the Minister for a period of not less than one year and not more than five years:
Provided that an order made under this sub-article shall, unless it has ceased to have effect earlier, cease to have effect on the
date on which the child or young person in respect of whom the order is made attains the age of eighteen years.
(2) An order made under subarticle (1) shall be subject to appeal in the same manner and within the same time as would
apply to a sentence passed by the court making the order.
(3) If, on an application of the Minister, it appears to the court which has made an order under subarticle (1) in respect of a
child or young person that it is appropriate to discharge the order, the court may so discharge the order.
Short title. Interpretation.
Care order on conviction of an offence.
*See article 14 (Trans. Prov.) of the Act as originally enacted, which article has been omitted under the Statute Law Revision Act, 1980.
to any fin d ing of guil t y in respect o f which an order is mad e placing the child or young person in the care of the Minister.
Care order in respect of a child
or young person in
need of care,
protection or
control.
Amended by:
XIII. 2002.12.
(2) A copy of any order made by the Minister under subarticle ( 1 ) shall for t h w ith be sen t by reg i stered let t er to t
h e p e rson exercising paternal authority over the child or young person, or to his guardian, if any, who shall be asked to state
to the Director of the Department responsible for social welfare within twenty-one days from the date of receipt of the said letter,
whether he objects to the said order.
(3) If the person to whom the registered letter is sent under subarticle (2) shall, within the time therein prescribed, signify,
even verbally, his objection to the order, the Director of the Department responsible for social welfare shall, not later than seven
days from the date on which he shall have become aware of the objection, refer the case to th e Juve nile Cour t in such mann er
as shall be prescribed by regulations made under article 13.
(4) Where a case is referred to the Juvenile Court under subarticle (3), the said court shall, in such manner and within
such time as shall be prescribed by regulations made under article 13, review the whole case and dec i de w h eth e r t h e ch ild
or you ng perso n is in need of car e , pr otecti on o r co ntrol an d shall accordingly confirm or revoke the order made under
subarticle (1).
(5) An order made under subarticle (1) shall, unless it has ceased to have effect earlier, cease to have effect on the
date on which the child or young person in respect of whom the order is made attains the age of eighteen years.
Interim order. 5. If, on representations made to him by any person, even orally, the Minister is satisfied -
(a) that a child or young person is in need of care, protection or control, and
(b) that it is in the interest of the said child or young person that he should be taken into the care of the Minister
without following the procedure established in, and making an order under, article 4(1),
he may, by an order in writing under his hand, take such child or young person into his care:
Provided that such an order shall cease to have effect after the lapse of twenty-one days from the date on which it is made.
(2) An order made under subarticle (1) shall cease to have effect on the date on which the child or young person would have been released from prison.
Removal order.
(a) he is beyond the control of his parents or guardian; or
(b) he is not receiving such care, protection and guidance as a good parent may reasonably be expected to give and -
(i) the child or young person is falling into bad associations or is seriously exposed to moral danger; or
(ii) such lack of care, protection or guidance is likely to cause the child or young person unnecessary suffering
or seriously affect his health or proper development.
Provided that nothing in this Act shall be construed as rendering the Minister liable under article 35(3) and (5), paragraph
(a) of the proviso to article 36, the provisos to subarticles (1) and (2) of article 39, and article 40(a) of the Criminal Code:
Provided further that the Minister shall not cause a child or young person in his care by virtue of an order made under this Act to
be brought up in any religious creed other than that in which he would have been brought up apart from the order.
Care, protection or control.
Powers and duties of Minister with respect to children and young persons in care.
Cap. 9.
Provided that if it appears to the Minister that it is necessary, for the purpose of protecting members of the public, to exercise his powers in relation to a particular child or young person in hi s c a re i n a m a nn er w h i c h m a y n o t be co ns is te nt w i t h h i s
General duty of
Minister.
Minister may, notwithstanding that duty, act in that manner.
Mode of providing accommodation and maintenance.
(a) by accommodating and maintaining him in a residential home, hostel or similar institution provided by the Minister
for the reception of children or young persons in his care; or
(b) by boarding him out with a fit person, whether a relative or not, or with a private institution willing to undertake
the care of him on such terms as to payment by the Minister and otherwise as the Minister may, subject to any regulations
made under this Act, determine in agreement with such person or the management of such institution.
(2) Nothing in subarticle (1) shall be construed as preventing the Minister from making use, in the case of any child or young
person in his care, of the facil ities and se rvices available for children or young persons in the care of their parents or guardian
an d, for that pu rpo s e, ar ran g i ng for hi s accomm odati on and maintenance in any suitable manner not specified in subarticle
(1).
(3) Without prejudice to the foregoing provisions of this article and to his powers and duties under articles 8 and 9, the Minister
may allow a child or young person in his care, for any period the Minister may determine or until the Minister shall otherwise direct,
to be under the charge and control of a parent, guardian, relative or friend.
(4) The Minister may, at any time and in his discretion, discharge from his care or from the care of the person or institution
with whom or with which he has been boarded out, as the case may be, a child or young person taken into his care under article 4(1),
under article 5 or under article 6(1), and any such discharge may be grant e d eit h er ab so lu tely or subj ect to such cond iti
on s as th e Minister may determine.
(5) The Minister may also from time to time, as he considers proper, vary any of the arrangements made under this article.
Children and Young Persons Advisory Board.
(2) The members of the Board shall be appointed by the Minister for such time and on such conditions as the Minister may
determine.
(3) It shall be the duty of the Board to advise the Minister on the best methods o f d ealin g with every child or young
person
committed to or taken into his care in accordance with this Act, to exercise general supervision over such children or young persons
and, in general, to promote their welfare.
(4) The Minister shall designate a member of the Department of Social Security to act as Secretary of the Board and the person
so designated shall, as part of his duties, be responsible for keeping its records.
(5) Subject to the provisions of this Act and to such regulations as may be made under this Act, the Board shall regulate its own
procedure.
(2) Any person who knowingly compels, incites or assists or in any way aids or abets any such child or young person to abscond or to become or continue to be absent as mentioned in subarticle (1) shall be guilty of an offence and shall be liable, on conviction, to im pr isonment for a term not exceeding six months or to a fine (multa) not exceeding two hundred and thirty-two euro and ninety- four cents (232.94) or to both such fine and imprisonment.
Offences. Amended by: XIII. 1983.5;
L.N. 423 of 2007.
(a) the procedure to be adopted in referring a case to the Juvenile Court and the manner and the time within which the said
court shall review the case, under article 4(3) and (4), respectively;
(b) the procedure of the Board;
(c) the manner in which homes, hostels and institutions referred to in article 10(1)(a) shall be administered;
(d) the duties of the persons or institutions with whom or with which children or young persons are boarded out, with respect to such
children;
(e) the visiting of children and young persons in care; and
(f) the periodical review by welfare officers of the cases of children or young persons in care.
Power to make regulations.
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