ACT No. XVIII of 1980 AN ACT to make provision for the care of children and young persons.

I assent.

(L.s.)

ANTON BUTTIGIEG

President

10th June. 1980

ACT No. XVIII of 1980

AN ACT to make provision for the care of children and young persons.

BE IT ENACTED by the P r esiden t by an d with the advice an d

,

consent of the H ou s e of Representatives, in this p r e sent Parliament

assembled, and by the authority of t he same, as follows:-

l. (1) This Act may be cited as the Children and Young Per so ns

(Care Orders) Act, 1980.

(2) The provision of this Act shall come into force on su c h

date as the Minister may b y notice in the Gazette appoint, and different

dates may be so appointed for different pr o vi s i on s and different pur­

poses of this Act.

([) Dan l-Att jista' jissejjaħ l-Att ta' 1-1980 dwar Tfal

żgħażagħ (Ordnijiet għall-Ħarsien).

(2) Id-disposizzjonijiet ta' dan l-Att għandhom jibdew i s e ħ­

ħu f' d i k id-data li l-Ministru jista' jistabbilixxi b'avviż fil-Gazzetta, u

jistgħu jiġu hekk stabbiliti dati differenti dwar disposizzjonijiet differ­

enti u għal għanijiet differenti ta' dan l-Att.

In this Act -

"Board" means the C h il d r en and Young Persons Adv i s o ry

Board set up under s ec t io n Ii of this Act;

"child or young person" means a pe r s o n who is under the age

of s i xteen years;

"gu a rdia n

means tutor or c u r a tor and i nc l u d es a g u a r d i an

"

in fact;

"Minister" means the Minister responsible for social welfare.

(1) Where any child or young person is found gu il t y of an

o ffe n ce by or before any Court of criminal jurisdiction, and in the

o p i n i on 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

u nd er this section in respect of him,

that Court may in lieu of sentencing him to imprisonment or dealing

with him in any o the r manner a v ai l a b l e accor d i n g to law. make an o r der

committing him to the ca r e of the Minister for a p eri o d of not less than

one year and not more than fi v e y ears

Provided that an order made u n d e r this su bs e ct i o n shall. un ­

l es s it ha s ceased to have effect ear 1i e r cease to ha v e effect on the date

,

on which the child or yo u n g person in re s p ect of w h o m the order is ma de

attains the age of e i gh t e e n years.

(2) An order made under subsection (1) of this section shall

be su b j e ct to appeal in t h e same manner and within t h e same time as

would a ppl y to a s e n tenc e passed b y the Court making the order.

(3) 1ft on an a p p l ic a t i o n of the Minister, it a p p ea r s to the

Court which has made an order under subsection (1) of this section in

respect o f a child or young pe rso n that it is a pp p r o pri at e t o d ischa r g e

the order. the Court m a y so discharge the order.

(4) Section 12 of the Probation of O f f en d e rs Act, 1957 shall

mutatis mutandis apply to any f in ding of gui l ty in r es p ec t of which an

order is m ad e p la c ing the child or young person in the care of the

Minister.

(1) If, on r e p r e s e ntati o ns made to him in writing by the

Director o f Social Services and after giving the parents a n d the guard­

ian, if an y of the child or young person an o pp o r t u ni t y to express t h ei r

,

views, and after bearing any other person he may deem Iikely to assist

him, the Minister is satisfied that that child or y o un g person is in

need o f care, pr o tec t i o n or control, it shall be t h e duty of the M in ister

by an or d e r in writing u n d e r his hand to ta ke such ch ild or young

person in t o his care.

(2) A c o py of a n y order made by t h e Minister u n d e r subsec­

ti on (1) of this s e c t i o n shall forthwith be sent by r e g i s t e r ed letter to the

p er son exercising p a te m al authority over the child or young pers o n, or

to his guardian, if any, wh o shalI be asked to state t o the Di re c to r of

Social S e rv i c es within twenty-one days from the date of receipt o f the

s ai d letter. whether he o bjects to the said order.

(3) If the person to whom the r eg i st e r ed letter is s e n t under

subsection (2) of this s e c tio n shall, within the time therein prescribed,

signify, even v er b a I 1 y , his o b j e c tio n to the o rd er the Director of So c ia l

,

Services s hal l not later than seven days from t h e date on which he shall

,

have b e c o me aware of t h e objection, r e f er the cas e to the Juvenile Court

in such manner as shall be prescribed by r e gu Ia tio n s made under sec­

tion 13 of this Act.

(4) W h e r e a c a s e is referred t o the Juvenile Court un de r

subsection (3) of this s ecti o n the said Court shall, in such manner and

.

with in such time as shall be p re sc r i b e d by regulations made under sec­

tion 13 of this Act, r e v iew the whole case and decide whether the c hi l d

or y o u ng person is in need of care, protection or control and shall ac­

c ordin g l y confirm or revoke the order made under subsection (1) of

t h i s s ec t i o n

.

(5) An o r d er made under subsection (1) of this section shall.

unless it has ceased to have e ff e e t ear1ier, cease to have effect on t he

date on w hi c h the child or young person in respect of whom the order

is mad e attains t he age of eighteen years.

If, on representations made to him by any person, even ora)Jy,

the Minister is satisfied -

(a)

that a child Of young p e rs o n is in need of care, protection

and

01' control,

(b) that it is in the interest of the said child or young person

that he should be ta ken into the care of the Minister without fol­

lowing the procedure established in, and making an order under,

subsection (l) of section 4 of this Act,

he may, by an order in writing

under

his

hand, take s u cb child or

young person ioto his care

Provided that such an order shall cease to have effect after

the lapse of twenty-ol1e days from the date on which it is made.

(1) The Minister may. ir he is sa advised by the Board that it

is expedient in the interest of the education 01' welfare of a chi ld or

ycung person sa to do. by an order in writing under his hand. remove

from pri s o n such child or young person who is in prison under a sen­

tence of imprisonment for an offence, except wilful homicide, and take

l1im il1to his care.

(2)

An order made under subsection (1) of this section shall

effect on the date on which the child or young person

cease to have

wouid have been released from prison.

For the purposes of this Act, a child or young person shall be

deemed to be in need of ca re, protection or control if -

he is beyand the control of his parents or guardian; or

(a)

(0) he is not receiving sueh care. protection and guidance as a

good parent may reasonably be ex.pected to give and-

(i) the child or young person is fal1ing into bad associa­

tions or is seriously exposed to mora! danger; 01'

(ij) such 1ack of care, protection or guidance is likely

cause the child or young person unnecesssary suffering or

seriously affect his health or proper development.

The Minister shall, with respect to allY child or YOUllg person

committed to his care by an order made under section 3 or taken

into his care by an order made under subsection (l) of section 4, under

section 5 or under subsection (l) of section 6 of this Act, have the

same pawers and duties with regard to his care and custody as the

parents or guardian of su ch child 01' young person would, but fo r the

order, have, and the Minister may, sub j ect to any regulations made in

pursuance of section 13 of this Act, restrict the Jiberty of such child or

young person to such extent as the Minister may consider appropriate

Provided that nothing in this Act shall be construed as render­

ing the Minister Iiable under subsections (3) and (5) of section 36, para­

graph (a) of section 37, th e provisos to subsections (]) and (2) of sectlon

40, and paragraph (a) of section 41 of the Criminal Code

Provided further that the Minister shall not cause a child Of"

young persou in his care by virtue of an order made under this Act to

he brought up jll auy religious creed other than that in which he would

have been brought up apart from the order.

Where a c h i ld or young person is in the care of the Minister General duly

in p u rsu an c e of this Act, it shall be the duty of t h e Minister to exercise of Minister.

his powers with respect to the c a r e and c ust o dy of such child or young

person so as to further his best interests and to a ff ord him opportunity

for the p r o p er developrnent of his character and abilities

Provided that if it appears to the Minister that it is necessary,

for the purpo se of protecting members of the public, to exercise his

powers in relation to a particular child or young person in his care in

a manner which may not be consistent with his general duty u n d e r the

foregoing provision of this s e c t i on the Minister may, notwithstanding

,

that duty, act in t h a t manner.

(}) Subject to the provisions of this Act, the Minister shaH

providing

discharge his duty with respect to any child or young person in his

care -

(a) by accommodating and maintailling 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 p r iv a te institution wil1ing to undertake the care

of him on such terms as to payment by the Minister and otherwise

as the Minister may, sub j ect to any regulations made under this

Act. determine in agreement with such person or the management

of such institution.

(2) No th i n g in subsection (1) of this section shall be construed

as

preventing the Minister from making use, in the case of any child

or young p e r s o n in his care, of t h e facilities and services available for

children or young persons in the care of theil" parents or gurdian and.

for that purpose, arranging for his accommodation and maintenance in

any suitable m a n ner not specified in subsection (1) of this section.

(3) Without prejudice t o the foregoing provisions of this sec­

tion. and to his power s and duties under sections 8 and 9 of this Act

the Minister may allow a child or young person in his care, for any

period the Minister may d e t e r min e 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, dis­

charge 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 il1to his care under subsection (1) of section

4, under section. 5 or under subsection (l) of s.ection 6 of this Act, and

al1Y such discharge may be granted. either absolutely or subject to such

conditions as the Minister may determine.

(5) The Minister may also from time to time, as he considers

proper, vary any of the arrangements made under this section.

Children and

(I) For the purpose o f advising the Minister in the discharge

YOllng Perso!ls

of his functions under this Act, there shaH be 3 board, to be called the

Advisory Board.

Children and Young Persons Advisory Board, which shall include a

Il10ther and a person who, in the opinion of the Minister, .has an

adequate knowledge of psych010gy. One of such members, deslgnated

by the Minister, shaH act as chairman.

(2) The members of the Board shaH bc appoinled by I hc

Minister for such timc 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 of dealing with every child or young person com­

mitted 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 Services to act as Secretary of the Board and the person so

designated shalI, as part of his duties, be responsible for keeping its

records.

(5) Subject to the provisions of this Act and to such regula­

tions as may be made under this Act, the Board shall regulate its own

procedure.

(1) If any child or young person conunitted to or taken into

the care of the Minister under this Act absconds from the premises at

which he is required to live or is absent from such premises at a time

when he is not permitted to be so absent, he may be apprehanded with­

out warrant by any member of the Police and taken back to such pre­

mises.

(2) Any person who knowingly compels. incites or assists 01'

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 subsection (1) of

this section shall be guilty of an offence and shall be liable on conviction

to imprisonment for a term not exceeding six months or to a fine (multa)

not exceeding one hundred pounds or to both such fine and imprison­

ment.

The Minister shall have power to make regulations as he

thinks fit for the better carrying out of the provisions and purposes of

this Act. and without prejudice to the generality of the foregoing, such

regulations may in particular prescribe or provide for -

the procedure to be adopted in referring a case to the

(a)

J uvenile Court and the manner and the time within which the said

Court shall review the case, under subsections (3) and (4) of section

4 of this Act, respectively;

(b)

the procedure of the Board;

(c) the manner in which homes, hostels and institutions

referred to in paragraph (a) of subsection (I) of section 10 of this

Act 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;

the visiting of children and young persons in care; and

(e)

(f) the periodical review by Welfare Officers of the cases of

children or young persons in care.

Any order made prior to the commencement of this Act under

sections 4, 5 and 6 of the Approved Schools Ordinance, 1921, or under

subsection (4) of section 36, paragraph (b) of section 37. the proviso to

section 38 of the Criminal Code and which is still in force, shall for the

duration of its validity in accordance with its own terms have effect

to the extent possible as an order made under section 3 of this Act.

A

Saving the provisions of section 14 of this Act

Repeal.

-

(a)

The Approved Schools Ordinance. 1921.

(b) subsection (4) of section 36. paragraph (b) of section 37,

the proviso to section 38 and section 39 of the Criminal Code. and

(c) the Industrial Schools and Houses of Correction Ordi-

Capo 46

nance,

are hereby repealed.

Passed by the House of Representatives at Sitting No. 399 of the 9th June, 1980.

C.AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

Ippubblikat mid.Dipartiment ta' l_Informazzjoni

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the c.a.s.

Govemment Printinz PreS8

Stamperija tal.Gvern - Printed af

Stampat fI-V.t.S.

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