CHILDREN AND YOUND PERSONS (CARE ORDERS) [ S.L.285.01 1
SUBSIDIARY LEGISLATION 285.01
CHILDREN AND YOUND PERSONS
(CARE ORDERS) REGULATIONS
29th November, 1985
LEGAL NOTICE 49 of 1985, as amended by Legal Notice 43 of 1999.
Title.
Persons (Care Orders) Regulations.
Interpretation.
Cap. 285.
"care order" means a care order made under the Act, and in the
form set out in the Schedule;
"Director" means the Director of Social Services;
"gainfully occupied" means engaged in any form of activity from
which earnings exceeding the remuneration payable in respect of
the child or young person in terms of regulation 8(4) are derived.
Procedure for 
referring cases to 
Juvenile Court.
Amended by:
L.N. 43 of 1999.
Cap. 9.
3. (1) When the Director becomes aware of any objection by
the person exercising parental authority over, or the guardian of, a
child or young person, to a care order made by the Minister under
article 4(1) of the Act, he shall, as soon as may be but in any case
not later than seven days from the date on which he shall have
become aware as aforesaid, refer the case to the Juvenile Court by
means of a written communication addressed to the Registrar of
Courts or to the person performing the functions of registrar as may
be assigned for the purpose in accordance with the provisions of
article 369 of the Criminal Code.
(2) The communication referred to in subregulation (1) shall
be accompanied by -
( a ) a copy of the relevant care order signed by the
Minister;
( b ) if the objection was made in writing, a copy of the said
objection; if the objection was made orally, a written
statement containing the substance of such oral
objection;
( c ) a copy of the written representations made by the
Director to the Minister under article 4(1) of the Act;
( d ) a written statement indicating the persons, including
the parents and the guardian, if any, heard by the
Minister or given an opportunity to express their views
in terms of article 4(1) of the Act and before the care
order was made; and
( e ) a list of persons (with their addresses) who in the
opinion of the Director could be of assistance to the
Juvenile Court in reviewing the case.
2 [ S.L.285.01 CHILDREN AND YOUND PERSONS (CARE ORDERS)
Manner and time 
within which the 
Juvenile Court is to 
review a case.
Cap. 287.
4. (1) Save as hereinafter provided, the manner and the time
within which the Juvenile Court shall review a case as provided in
article 4(4) of the Act shall be in accordance with the provisions of
the Juvenile Court Act.
(2) The Juvenile Court shall hold a sitting to review a case as
soon as may be, but in any case not later than seven days from the
date on which the Registrar of that Court shall have received from
the Director the written communication referred to in regulation 3.
(3) The Juvenile Court shall deal with the case as
expeditiously as possible, and shall in any case reach its decision
not later than twenty-one days from the date of the first sitting
referred to subregulation (2).
Cap. 12. (4) Saving the provisions of article 77(2), (3) and (4) of the
Code of Organisation and Civil Procedure, it shall be lawful for the
Minister and for the person objecting to the care order to be
represented by an advocate or a legal procurator and such advocate
or legal procurator may examine or cross-examine witnesses,
produce evidence and make in support of or against the care order
any other submissions which the Court may consider admissible:
Provided that the Minister shall not be required to be
present in person during any sitting of the Juvenile Court, except
when his evidence is required.
(5) Proceedings before the Juvenile Court for the review of
cases as provided in article 4(4) of the Act shall be deemed to be
civil proceedings; and the burden of proving that the care order
should be confirmed shall, in every case, lie with the Minister.
(6) It shall be lawful for the Juvenile Court to require further
evidence besides that submitted by the Minister or the person
objecting to the care order and for such purpose the Juvenile Court
may,  ex officio , summon any person to give evidence and order any
document to be produced:
Provided that the Juvenile Court may not require any
evidence which would otherwise be inadmissable in a civil court:
Cap. 12.
Provided further that nothing in this subregulation shall be
construed as affecting articles 587, 588, 589(2) and 637(3) of the
Code of Organisation and Civil Procedure.
(7) Whenever the child or young person in respect of whom
the care order has been made is required by the parties or by the
Juvenile Court  ex officio  to give evidence, the said Court may, if it
is satisfied that in the special circumstances it is appropriate so to
do, order the parents and the guardian, including the person making
the objection and any other relative of the said child or young
person, to withdraw from the Court while his evidence is heard:
Provided that if the person so excluded is the person
making the objection to the care order, the Juvenile Court shall
inform him of the substance of any allegations made against him or
against any of his close relatives by the child or young person in the
course of his deposition:
Provided further that for the purpose of this subregulation a
CHILDREN AND YOUND PERSONS (CARE ORDERS) [ S.L.285.01 3
person who lives or has lived for a period of two weeks or for
periods amounting in the aggregate to two weeks with the person
making the objection to the care order shall, even though not
related by blood or marriage, be deemed to be a close relative of
that person.
(8) No objection may be raised to the competence of the
Juvenile Court to review a case as provided in article 4(4) of the
Act on the grounds that the child or young person in respect of
whom the care order was made has, since the date when the said
order was made but before the Juvenile Court has disposed of the
case, attained the age of sixteen years.
Procedure of the 
Children and 
Young Persons 
Advisory Board.
5. (1) The Board shall meet as and when necessary but shall
meet with urgency at the request of the Minister or of the Director
and conveyed to it through the Secretary of the Board. 
(2) The Chairman and two other members shall constitute a
quorum.
(3) Decisions of the Board shall be taken by a simple majority
of votes; however, in the case of an equality of votes the Chairman
shall have a second or casting vote.
(4) Without prejudice to the provisions of article 10(4) and of
article 11(3) of the Act, the Board shall make recommendations to
the Minister with regard to the placement, transfer or discharge of
any child or young person in the care of the Minister.
(5) Every recommendation by the Board shall be copied to the
Director.
(6) The Board shall, by not later than the fifteenth day of
February of each year, submit to the Minister a report of all its
activities during the preceding calendar year.
Manner in which 
homes, hostels and 
institutions shall be 
administered.
6. (1) It shall be the duty of any person or persons
responsible for the home, hostel or institution with whom or in
which a child or young person has been boarded out or
accommodated in accordance with the provisions of article 10(1) of
the Act to ensure that such child or young person is treated and
brought up in an environment which is normally to be found in a
good Maltese family and which is conducive to psychological
security as well as to physical well-being, so as to promote normal
and healthy development. In particular, such person or persons
shall provide a balanced and nourishing diet and maintain normally
acceptable standards of hygiene to the satisfaction of the Director;
and shall further ensure that, without prejudice to anything
contained in any other law, the child or young person attends
regular religious services and receive religious instruction.
(2) The provisions of the subregulation (1) shall,  mutatis
mutandis , apply to the accommodation, maintenance or boarding
out of a child or young person under the other provisions of article
10 of the Act.
Rights and duties 
of the Director.
7. The Director or any welfare officer from his Department
shall -
( a ) have the duty to inspect any premises in which a child
4 [ S.L.285.01 CHILDREN AND YOUND PERSONS (CARE ORDERS)
or young person is accommodated or boarded out to
ensure that the provisions of regulation 6 are being
complied with;
( b ) have the right at all reasonable times to visit and
interview children or young persons at the place where
they are accommodated or boarded out;
( c ) make arrangements as he may deem fit in the interest
of the child or young person for such child or young
person to visit or to be visited by his guardians,
parents or other relatives at regular intervals;
( d ) give advice throughout the period in which a child or
young person is accommodated or boarded out, and
maintain regular contact with the families, relatives or
guardians of such child or young person.
Fit persons. 8. (1) For the purpose of boarding out with a fit person a
child or young person in accordance with the provisions of article
10(1)( b ) of the Act, the Director shall keep a register of fit persons
and shall be empowered to include therein or delete therefrom such
names as in his opinion should be so included or deleted.
(2) Except in the case of relatives closely related to the child
or young person, such persons shall be married couples with a
record of sound matrimonial relations.
Cap. 16.
(3) Notwithstanding the provisions of this regulation, no child
or young person shall be boarded out with a fit person unless the
latter would have qualified to adopt the child or young person
concerned in terms of the provisions of Title III of Book First of the
Civil Code.
(4) The Director shall pay, in respect of every child or young
person boarded out in accordance with article 10(1)( b ) of the Act,
such remuneration as may from time to time be determined by the
Minister in agreement with the fit person or the management of the
institution concerned:
Provided that -
(i) no remuneration shall be payable by the Director
in respect of any child or young person who is
gainfully occupied, in which case such child or
young person shall be liable to contribute to the
person or institution with whom or with which
he is boarded out, a sum not exceeding the
remuneration otherwise payable by the Director
in terms of this regulation;
S.L.318.06
(ii) notwithstanding the provisions of regulation 13
of the Children’s Allowances Regulations, no
allowance under those regulations shall be
payable in respect of a child or young person in
respect of whom remuneration is payable by the
Director under this regulation.
(5) In addition to the duties and responsibilities contained in
regulation 6, any fit person and any private institution with whom
or with which a child or young person is boarded out, is to report
CHILDREN AND YOUND PERSONS (CARE ORDERS) [ S.L.285.01 5
all incidents, accidents, abscondments, incidents of truancy, injury,
sickness or death immediately as they occur to the Director or to a
welfare officer from his Department.
(6) A fit person or a private institution with whom or with
which a child or young person is boarded out shall enter into a
formal agreement with the Director indicating the rights and
responsibilities of the fit person or private institution, as the case
may be, including any condition which the Director may consider
necessary at the time of the signing of such agreement
SCHEDULE
PART I
Ref. No. ...........
Children and Young Persons (Care Orders) Act
CARE ORDER
Sir/Madam,
Pursuant to the powers vested in me by article 4 of the Children
and Young Persons (Care Orders) Act, I hereby order that:
Name .........................................................................................
son/daughter of ..........................................................................
born on .......................................................................................
residing at ..................................................................................
...................................................................................................
shall be under my care in accordance with the provisions of the
said Act with effect from the ..........................................................
In your capacity as father/mother/guardian of the said .................
if you object to this care order you have a right to signify your
objection to the Director of Social Services by not later than (21)
twenty-one days from the day of the receipt of this order.
............................  ..............................
Date Minister of Labour and Social Services 
6 [ S.L.285.01 CHILDREN AND YOUND PERSONS (CARE ORDERS)
PART II
Ref. No. ..............
Children and Young Persons (Care Orders) Act
INTERIM CARE ORDER
Sir/Madam,
In exercise of the powers conferred by article 5 of the Children
and Young Persons (Care Orders) Act, I hereby order that:
Name ......................................................................................... 
son/daughter of ..........................................................................
born on .......................................................................................
residing at ..................................................................................
...................................................................................................
shall be under my care in accordance with the provisions of the
said Act.
This Interim Order shall remain operative for (21) twenty-one
days from the date indicated hereunder.
............................  ..............................
Date Minister of Labour and Social Services 
