Cap. 602 Art. 33Revisions.  

(1) The first revision of the care plan shall be made by the

Review Board not later than four months from the date when the Board receives the copy of the final decision as provided in article 18(9), and subsequent revisions shall thereafter be made at least once a year:

Provided that the key social worker or the tutor and, or curator of the minor, as applicable, may file an urgent request with the Review Board so that the case is reviewed before the one year term due to the minor suffering, or being in danger of suffering, significant harm as a result of the care plan or due to a need of the minor meriting such review to ensure the minor’s wellbeing:

Provided further that, in every case, the Review Board shall appoint the case for hearing not later than five working days from the filing of the request and it shall, after having heard the parties involved, give its decision on such an urgent request.

(2) The key social worker shall file an update and, or review of the care plan for the minor with the Review Board during the revisions by the Board. Said reviewed care plan shall describe the requirements which the parents must meet so as to re-integrate or re-unite the minor with said parents, and also establish an alternative permanency plan:

Provided that the key social worker shall make every reasonable effort so that the minor be re-integrated or re-united with his parents and he shall always do so in accordance with the best interests of the minor.

(3) On the day appointed for each revision of the case, the Review Board shall hear the parents of the minor, the key social worker, the alternative carer and, if applicable, the tutor and, or curator, so as to determine if progress is being made in accordance with the care plan:

Provided that the Review Board may hear the minor whenever it deems it in the best interests of the minor to do so, or whenever the minor expresses his wish to be heard by the Review Board to the key social worker or to any other person having contact with the minor, and for such a purpose the board may also decide on a day and time which is different from the day and time appointed for the revision.

(4) For the purpose of fulfilling its functions, the Review Board may also consult with those professionals or other persons which it deems appropriate and for such a purpose it may also invite those professionals, or other persons, to attend the meetings of the Review Board as may be indicated to them.

(5) The decision of the Review Board may be that there was sufficient progress justifying the revocation of a protection order or that there has not been such progress:

Provided that in case that there be such progress, the Review Board shall make a recommendation to the Court so that the latter may, after having heard the interested parties, order said revocation or not.

(6) When the Review Board determines that there has not been sufficient progress to justify the revocation of a protection order, and two years have passed since the date on which the Board held the first revision of the care plan within the first four (4) months in accordance with articles 33(1) of this Act, the Review Board shall determine whether there are reasonable prospects for the re-integration or re-unification of the minor with his parents or not.

(7) If the Review Board determines that there are reasonable prospects as required by sub-article (6), it shall continue with its periodical reviews and this without prejudice to those variations to the care plan as it would deem necessary in the circumstances of the case:

Provided that if the Review Board determines that the prospects are not reasonable as required by sub-article (6), it may determine that it will proceed before the Court with a recommendation to have the alternative permanency plan come into effect:

Provided further that the Review Board may recommend the coming into effect of the alternative permanency plan at any time in which the minor is under a protection order, if this is deemed to be in the best interests of the minor.

(7A) The Review Board shall notify all interested parties with its determination to proceed with the re-integration of the minor or to proceed before the Court with the recommendation for the alternative permanency plan. The Review Board shall also invite the parties to communicate to the Review Board their disagreement, if any, with such decision and reasons supporting such disagreement within a given timeframe. Upon the lapse of such timeframe, the Review Board shall proceed before the Court, putting forward its determination as well as any disagreeing positions received and the Court shall proceed to confirm, revoke or vary the determination of the Review Board.

(8) (8) Prior to pronouncing its final decision, the Court may appoint a hearing within ten (10) working days to hear the views of every person it deems necessary in the circumstances, and in particular the views of the minor if he is deemed to have sufficient understanding:

Provided that if the Review Board indicates to the Court that notification to an interested party has not been possible despite attempts by the Review Board or it is not possible for the parent or parents of the minor, depending on the circumstances of the case, to be traced, located or found or are incapable of being parties to the proceedings, the Court shall proceed to appoint curators in accordance with article 930 of the Code of Organization and Civil Procedure to represent the interests of that party. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing.

(9) Repealed by XI.2023.21.

(10) Repealed by XI.2023.21.

(11) When the Court issues a decision as mentioned in sub-article (8), it shall order that a copy of the decree is to 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.

(12) Any aggrieved party may file an appeal in accordance with article 66 of this Act.