  CHILDREN AND YOUNG PERSONS (CARE ORDERS) [ CAP. 285.        1
CHAPTER 285 
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.
Short title.
Persons (Care Orders) Act.
Interpretation.
"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. 
Care order on 
conviction of an 
offence.
* 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.
* See  article 14 (Trans. Prov.) of the Act as originally enacted, which article has been
omitted under the Statute Law Revision Act, 1980.
  2      CAP. 285. ]         CHILDREN AND YOUNG PERSONS (CARE ORDERS)
Cap. 446. (4) Article 25 of the Probation Act shall  mutatis mutandis
apply to any finding of guilty in respect of which an order is made
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.
4. (1) If, on representations made to him in writing by the
Director of the Department responsible for social welfare and after
giving the parents and the guardian, if any, of the child or young
person an opportunity to express their views, and after hearing any
other person he may deem likely to assist him, the Minister is
satisfied that that child or young person is in need of care,
protection or control, it shall be the duty of the Minister by an order
in writing under his hand to take such child or young person into
his care.
(2) A copy of any order made by the Minister under subarticle
(1) shall forthwith be sent by registered letter to the person
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 the Juvenile Court in such manner 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 decide whether the child or young
person is in need of care, protection or control and 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.
  CHILDREN AND YOUNG PERSONS (CARE ORDERS) [ CAP. 285.        3
Removal order.
it is expedient in the interest of the education or welfare of a child
or young person so to do, by an order in writing under his hand,
remove from prison such child or young person who is in prison
under a sentence of imprisonment for an offence, except wilful
homicide, and take him into his care.
(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.
Care, protection or 
control.
7. For the purposes of this Act, a child or young person shall
be deemed to be in need of care, protection or control if - 
( 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.
Powers and duties 
of Minister with 
respect to children 
and young persons 
in care.
8. The Minister shall, with respect to any child or young
person committed to his care by an order made under article 3 or
taken into his care by an order made under article 4(1), under
article 5 or under article 6(1), have the same powers and duties with
regard to his care and custody as the parents or guardian of such
child or young person would, but for the order, have, and the
Minister may, subject to any regulations made in pursuance of
article 13, restrict the liberty of such child or young person to such
extent as the Minister may consider appropriate:
Cap. 9.
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.
General duty of 
Minister.
9. Where a child or young person is in the care of the Minister
in pursuance of this Act, it shall be the duty of the Minister to
exercise his powers with respect to the care and custody of such
child or young person so as to further his best interests and to
afford him opportunity for the proper development of his character
and abilities:
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 his care in a manner which may not be consistent with his
  4      CAP. 285. ]         CHILDREN AND YOUNG PERSONS (CARE ORDERS)
general duty under the foregoing provision of this article, the
Minister may, notwithstanding that duty, act in that manner.
Mode of providing 
accommodation 
and maintenance.
10. (1) Subject to the provisions of this Act, the Minister shall
discharge his duty with respect to any child or young person in his
care - 
( 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 facilities and services available for
children or young persons in the care of their parents or guardian
and, for that purpose, arranging for his accommodation 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
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 article.
Children and 
Young Persons 
Advisory Board.
11. (1) For the purpose of advising the Minister in the
discharge of his functions under this Act, there shall be a Board, to
be called the Children and Young Persons Advisory Board, which
shall include a mother and a person who, in the opinion of the
Minister, has an adequate knowledge of psychology. One of such
members, designated by the Minister, shall act as chairman.
(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 of dealing with every child or young person
  CHILDREN AND YOUNG PERSONS (CARE ORDERS) [ CAP. 285.        5
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.
Offences. 
Amended by: 
XIII. 1983.5.
12. (1) If any child or young person committed 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 apprehended without warrant by any member of the Police and
taken back to such premises.
(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
imprisonment for a term not exceeding six months or to a fine
( multa ) not exceeding one hundred liri or to both such fine and
imprisonment.
Power to make 
regulations.
13. 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 - 
( 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. 
14. Omitted under Act IX of 1980.
15. Omitted under Act IX of 1980.
