ACT No. XVIII of 1980 AN ACT to make provision for the care of children and young persons.
Indice delle disposizioni (16)
Testo normativo (16 Articoli)
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
-
the c.a.s.
Govemment Printinz PreS8
Stamperija tal.Gvern - Printed af
Stampat fI-V.t.S.
-
_
-