This proposed legislation is considered as
a breakthrough in the field of child protection. It does not only improve on
existing laws (regulated by means of various pieces of legislation which will
be abrogated and incorporated in this law), but is also innovative in various
ways.
Current
laws have been recently subjected to criticism and human rights’ cases,
regarding matters ranging from the absence of a right of appeal to issues
regarding unprofessionalism as to how child protection matters are handled.
All
stakeholders have been duly consulted afresh and many of their proposals are
now incorporated in this Act. In fact, one important aspect of this proposed
legislation is that so far stakeholders have approved mainly of all its
content.
Care and
custody of minors in need of protection will no longer be entrusted in the
hands of the Minister and as such the Minister will no longer be involved in
the issuing of care orders. Government will no longer be directly or indirectly
involved in such sensitive decisions. Decisions will be taken either by the
Juvenile Court or by the Review Board, as the case may be. The Review Board
will not only be consultative in nature as the current Children and Young
Persons Advisory Board, but it will be tantamount to a quasi-judicial
Board.
This
does not mean that the State will be completely divested from all
responsibility in the case of children removed or separated from their parents
and placed in out-home care. It shall remain responsible to take all
appropriate measures to promote the well-being of children and to provide all
the support services required, to ensure that children’s rights and interests,
as safeguarded by this Act, are provided.
Emphasis
has been placed on the voice of the child, and in fact, the law envisages
various safeguards to ensure that the child’s opinion is heard. All this in
conjunction with Children’s House model.
Once
this proposed legislation comes into effect, children may have a stronger voice
in issues which affect their lives. This Act intends to remedy a situation
where the State literally interferes into the children’s wellbeing without
there being the presence of a Court of Law, representing independence and
impartiality, to assess the cases and cater for a care plan which will
ultimately provide for the future of the children concerned. This Act also
intends to bring the Maltese ‘care order’ system in line with judgements of the
European Court of Human Rights and of the Maltese Constitutional Court.
Finally, the ‘best interest of the child’ notion is the leitmotiv guiding
principle of this proposed piece of legislation.