Cap. 602 Art. 23Alternative permanency plan. 

(1) The Court may, by decree and given the circumstances of the case, order that an alternative permanency plan is in the best interest of the minor.

(2) The alternative permanency plan shall be aimed towards reducing or revoking the effects of the minor’s protection order and it shall provide for a permanency which is relational, physical and legal.

(3) The Court, when from the circumstances of the case it is clear that there are no reasonable prospects for the re-integration or re-unification of the minor with his parent or parents, may issue a decree as mentioned in sub-article (1) upon an application by the Director (Child Protection) which is made concurrently with a request for a protection order, and with such an application the Director (Child Protection) shall also file an alternative permanency plan for the authorisation of the Court:

Provided that the Court may also issue a decree as mentioned in sub-article (1) upon a recommendation of the Review Board in accordance with article 33(7) and in such case, the alternative permanency plan shall be prepared by the Director Alternative Care (Children and Youths) and filed for the authorization of the Court with the recommendation of the Review Board.

(4) Before issuing a decree according to this article the Court shall consider the views and wishes of the minor if he is deemed to have sufficient understanding, as well as the views of any other person or entity which the Court deems relevant to safeguard the views and wishes of the minor.

(5) When the Court issues a decree as mentioned in sub-article (1), it shall order that a copy of the decree be notified to all the parties, including the Directorates, the Children’s Advocate, the parent or parents of the minor depending on the circumstances of the case, the tutor and, or curator if applicable and the Review Board.

(6) Any revision of the alternative permanency plan shall be made at least once a year through a report by the key social worker that is to be filed with the Review Board.

(7) For the purposes of the foregoing sub-article, the Review Board shall, whenever it deems it appropriate to do so, call upon any person or entity to appear before it and to submit any document it may require:

Provided that the Review Board shall have the power to hear the minor at any time in which the alternative permanency plan is in force in order to verify the well-being of the minor.