Cap. 602 Art. 18Procedure for the issue of protection order. 

(1) The Director (Child Protection) may, by application, request that the Court issue a protection order for a minor in accordance with what is provided in article 19.

(2) The application referred to in sub-article (1) shall, besides the relevant particulars identifying the minor and, as applicable, the parents of the minor, include:

(a) facts relevant to the case and requests as included in the application;

(b) a report containing the conclusions of the relevant investigations and evaluations;

(c) when possible, an indication of another available form of care;

(d) those other documents necessary for sustaining the requests;

(e) a request for the issuing of a protection order; and

(f) when required, a request to the Court for the provision of immediate care for the minor as he deems appropriate according to the circumstances of the case.

(3) The Court shall issue any provisional measure relevant to the application in the shortest time possible and such period shall in no case exceed that of forty-eight hours and shall order the notification of the application on the parent or parents depending on the circumstances of the case, who shall have until the date of the first sitting to file a reply.

(4) Upon receiving an application according to this article, the Court shall appoint a Children’s Advocate and it shall immediately thereafter appoint the application to be heard within ten working days, while also ordering the immediate notification of the date of the hearing to the Director (Child Protection), to the parent or parents of the minor depending on the circumstances of the case, to the Children’s Advocate as appointed by it, and, if applicable, to the tutor and, or curator.

Provided that the service mentioned in sub-article (4)

shall take place immediately by court executive officers in accordance with article 67 of the Code of Organization and Civil Procedure:

Provided further that the Court in the first hearing shall appoint curators in accordance with article 930 of the Code of Organization and Civil Procedure to represent the parent or parents of the minor depending on the circumstances of the case, when such parent or parents have not been served by the date of the hearing, given that the Court would have before it a negative certificate of service in accordance with article 188 of the Code of Organization and Civil Procedure and the parent or parents can be traced, located or found and notified. The Court shall also proceed to appoint curators without the need for an attempt of notification when from the circumstances of the case, it is not possible for the parent or parents to be traced, located or found or are incapable of being parties to the proceedings. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing as set by article 18(4). Any person appearing to the banns may be confirmed as curator of the parents by the Court in accordance with article 933 of the Code of Organization and Civil Procedure.

(5) In the first sitting, the Court shall see that all parties have been notified or are represented in terms of article 18(4) and shall issue provisional measures in relation to the residence, care and custody and aspects relating to the minor.

(6) In the first sitting or in the second if a curator is appointed in terms of sub-article (4), the Court shall hear the requests of the Director (Child Protection), the evidence sustaining such requests, and if it deems appropriate, the parent or parents of the minor depending on the circumstances of the case, the Children’s Advocate and, if applicable, the tutor and, or curator:

Provided that when the parent or parents of the minor depending on the circumstances of the case or their curator ad litem believe that they may counter the allegations in their regard by bringing forward witnesses and providing submissions, they shall be allowed to summon such witnesses and submit any type of relevant proof or submission:

Provided further that all reasonable efforts shall be made for the Court to hear all the evidence in that sitting however for good reason, the Court can continue to hear the evidence in subsequent sittings.

(7) When the Court has heard all necessary evidence, and when necessary the oral submissions of the parties and is satisfied that the requests are justified, the Court shall adjourn the case to another date which is not later than two (2) months from the date of that hearing, and the Director (Child Protection) shall, in the meantime, till such date, prepare a care plan:

Provided that when the application is for a care order, the Court may summon and consult with the Director Alternative Care (Children and Youths) to determine the premises in which the minor shall reside while the care plan is being prepared:

(8) When the care plan is filed in terms of article 13(4), it shall be immediately notified to the parent or parents of the minor depending on the circumstances of the case or to the curator representing them, who shall have till the date of the hearing set by the Court to file a reply.

(9) When the Court is satisfied that the care plan is appropriate for the circumstances of the case, the Court shall give its final decision on the application referred to in sub-article (1) within two (2) months from the last sitting by authorising and imposing the relevant orders, and this without prejudice to any other conditions which the Court deems appropriate to impose and this inclusive of entrusting the care and custody of the minor to third parties:

Provided that when the court authorises an order or orders as recommended by the Director (Child Protection) in accordance with this article, a copy of the final decision shall be notified to the parties and the case shall be referred to the Review Board by not later than five

(5) working days.

(10) When the Court issues a welfare care order of a minor in accordance with this Act, the Police shall be informed by the Director (Child Protection), so that the minor protected by the same welfare care order shall be listed on the Schengen Information System (SIS) and said minor shall be allowed to travel out of Malta and back to Malta only with the written consent of the person or entity vested with his care and custody, in accordance with Article 32 of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.