PLACING OF MINORS ġ S.L.16.01 1
SUBSIDIARY LEGISLATION 16.01
PLACING OF MINORS REGULATIONS
16th February, 1962
LEGAL NOTICE 13 of 1962, as amended by Acts: XLIV of 1965, XIII of
1983 and VIII of 1990.
Title. 
Regulations.
Meaning of 
protected minors.
2. (1) Subject to the provisions of sub-regulation (3) of this
regulation, where -
( a ) arrangements are made for placing a minor below the
upper limit of the compulsory school age in the care
and custody of a person who is not his parent, tutor or
relative by consanguinity or affinity to the degree of
uncle or aunt, and
( b ) any person, not being the parent or tutor of the minor
or the person in whose care and custody he is to be
placed takes part in the making of the arrangements,
then, while the minor is in the care and custody of the person first
mentioned in paragraph ( a ), he is a protected minor within the
meaning of these Regulations.
(2) Subject to the provisions of sub-regulation (3) of this
regulation, in any case where a minor is an illegitimate child under
the age of three years and is placed in the care and custody of a
person who is not his tutor or a relalive of his mother by
consanguinity to the degree of uncle or aunt, then, while the minor
is in the care and custody of such person, he is also a protected
minor within the meaning of these Regulations.
(3) A minor is not a protected minor within the meaning of
these Regulations if he is in the care and custody of another person
for a temporary purpose only, nor while the minor is in any
religious institution, school, hospital or nursing home or in any
house or institution not specified in this regulation, but maintained
by public funds, nor while the minor is in the care of any person in
compliance with a probation order or a decree of a Court of Justice.
(4) A protected minor ceases to be a protected minor on the
making of an adoption decree in respect of him or on his attaining
the age of eighteen, whichever occurs first.
(5) A minor in the care and custody of two spouses one of
whom is his parent, relative or tutor shall be deemed for the
purposes of these Regulations to be in the care and custody of one
of them.
(6) For the purposes of sub-regulation (2) of this regulation,
knowledge of the illegitimacy of the minor shall be presumed until
the contrary is proved and a certificate whereby the parish priest of
the place of residence of the person undertaking the care and
custody of the minor declares that such person is related by
2 ġ S.L.16.01 PLACING OF MINORS
consanguinity to the mother of the minor in the degree referred to
in that sub-regulation, shall be sufficient evidence of such
consanguinity.
Duty of family 
welfare officer to 
secure well-being 
of protected 
children.
3. Family welfare officers shall visit and examine from time
to time protected minors and the premises in which those minors
are being kept in order to satisfy themselves as to the well-being of
the minors and give such advice as to their care and maintenance as
may be needed.
Power to inspect 
premises.
4. Any family welfare officer may, after producing, if asked
to do so, some duly authenticated document showing that he is a
family welfare officer, inspect any premises in which protected
minors are to be or are being kept.
Notices and 
information to be 
given to the 
Director of Social 
Services.
Amended by:
XLIV. 1965.4.
5. (1) Subject to the provisions of sub-regulation (2) of this
regulation, where arrangements are made for the placing of a minor
in the care and custody of any person and by reason of the
arrangements the minor would be a protected minor while in the
care and custody of that person, every person taking part in the
arrangements shall give notice in writing of the arrangements to the
Director of Social Services, hereinafter referred to as "the
Director".
(2) A notice under sub-regulation (1) of this regulation need
not be given by a parent or tutor of the child, nor, unless the minor
is a protected minor also by reason of the circumstances referred to
in regulation 2(2), by the person in whose care and custody the
minor is to be placed.
(3) Where a minor who is about to be placed in the care and
custody of any person would be a protected minor by reason of the
circumstances referred to in regulation 2(2), then, without
prejudice to the provisions of sub-regulation (1) of this regulation,
the person in whose care and custody the minor is to be placed shall
give notice in writing of the fact that the minor is to be placed in
his care and custody to the Director.
(4) A notice under sub-regulation (1) or sub-regulation (3) of
this regulation shall be given not less than seven days before the
minor is placed as mentioned in those sub-regulations, except that
where the minor is so placed in an emergency, the notice may be
given not later than three days after the child is so placed.
(5) Where a person who has a protected minor in his care and
custody changes his permanent address, he shall, not less than
seven days before the change, or, if the change is made in an
emergency, not later than three days after the change, give written
notice specifying the new address to the Director.
(6) If a protected minor dies, the person in whose care and
custody he was at his death shall, within twenty-four hours of the
death, give to the Director notice in writing of the death.
(7) A person who has or proposes to have a protected minor in
his care and custody shall, at the request of the Director, give him
the following particulars, so far as known to him, that is to say, the
name, sex and date and place of birth of the minor, and the name
and address of every person who is a parent or tutor of the minor or
PLACING OF MINORS ġ S.L.16.01 3
from whom the minor has been or is to be received.
Removal of 
protected children 
from unsuitable 
surroundings.
Amended by:
VIII. 1990.3.
6. (1) If the Court of Voluntary Jurisdiction is satisfied, on
the application of the Attorney General, that a protected minor is
being kept or is about to be received by any person who is unfit to
have his care or in any premises or any environment detrimental or
likely to be detrimental to him, the court may make a decree for his
removal from the custody of such person and for giving other
directions as to the placing and well-being of the minor; and on
proof that there is imminent danger to the health or well-being of
the minor, the power to make a decree under this regulation may be
exercised by a Court of Magistrates acting on the application of the
Director made with the consent of the Attorney General.
(2) In executing a decree under this regulation the marshal of
the court may be accompanied by a family welfare officer or family
welfare officers, who shall be considered as taking part in the
execution of the decree.
(3) Where a minor is removed under this regulation the
Director shall, if practicable, inform a parent of the minor or his
tutor.
Offences.
Amended by:
XIII. 1983.5.
7. (1) A person shall be guilty of an offence if -
( a ) being required under the provisions of these
Regulations to give any notice or information, he fails
to give the notice within the time specified in that
provision or fails to give the information within a
reasonable time, or knowingly makes or procures
another person to make any false or misleading
statement in the notice or information;
( b ) he refuses to allow the visiting of a protected minor by
a family welfare officer or the inspection, under the
power conferred by regulation 4, of any premises;
( c ) he refuses to comply with a decree under regulation 6
for the removal of any protected minor or obstructs
any person in the execution of such a decree;
( d ) he takes a protected minor in his care and custody
without having, at the time, the means necessary for
his maintenance or keeps him in premises which are
detrimental or likely to be detrimental to the minor’s
health or treats the minor in a manner which is or is
likely to be prejudicial to his health.
(2) A person guilty of an offence under this regulation 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, in
minor cases, to the punishments established for contraventions:
Provided that where the facts constitute an offence
punishable under any other law with a higher punishment, such
higher punishment shall apply.
(3) Proceedings for an offence under paragraph ( c ) of sub-
regulation (1) of this regulation shall be without prejudice to any
proceedings for contempt of court.
