Cap. 602 Art. 68Voluntary placement. 

(1) When, due to a valid reason, the parents of a minor propose to make arrangements have said minor reside with another person, not being a relative, or entity, for a period exceeding two (2)

months, the parents and, or such other person or entity shall notify the Director Alternative Care (Children and Youths) of such proposal:

Provided that if the proposed placement is with a relative,not being a brother or a sister, a grandfather and, or grandmother, an aunt and, or an uncle the obligation under this article shall arise if the proposed placement is for a period exceeding two (2) months or if the minor has been under their care for two (2) months or more.

(2) Upon being notified in accordance with sub-article (1), the Director Alternative Care (Children and Youths) shall appoint a social worker to visit and examine the place in which the minor is proposed to be kept, and to recommend on whether the person or entity proposed for receiving the minor is adequate to provide for his needs and well-being.

(3) The social worker appointed in accordance with sub-article (2) shall, in relation to the minor, have the same responsibilities as provided in article 67(2).

(4) For the purposes of sub-article (2) the social worker shall draw up a report and notify it, together with proposed arrangements, to the Review Board.

(5) When the Review Board is satisfied that the person or entity to be entrusted with looking after the minor is adequate to give such care, and the place in which the minor shall be kept is appropriate to his needs, the board shall order the social worker to prepare a care plan and the provisions of article 13(1), (2) and (3) shall apply mutatis mutandis.

(6) In every case, the care plan shall be prepared with the participation of the minor, if deemed to have sufficient understanding, and with the participation of any other person or entity which the Director Alternative Care (Children and Youths) deems appropriate in the circumstances of the case.

(7) The Review Board shall, at regular intervals, hear all the professionals involved in the case, the minor if deemed to have sufficient understanding, the parents of the minor, the person or entity having received the minor under its care, and any other person which the board may deem appropriate in the circumstances of the case.

(8) Without prejudice to sub-article (7) the Review Board shall review the care plan mentioned in this article at least once every six months.

(9) When the parents are no longer of the opinion that the agreement should remain in force, they may file an application to the Review Board and request the rescission of the agreement, and in such a case the board shall give any direction or order it deems appropriate:

Provided that up to the moment the Review Board gives its final decision, the minor is to keep on residing and being looked after by the entrusted person or entity.

(10) If the arrangement goes beyond the agreed care plan, the Director Alternative Care (Children and Youths) should assess whether to refer the case to the Director (Child Protection) for the latter to evaluate whether to apply to Court so that it may decree an appropriate protection order for the minor.

(11) When the minor has been in the placement for a period of two (2) years and the Director Alternative Care (Children and Youths) determines that re-integration with the parent or parents depending on the circumstances of the case, is no longer possible or is not in the best interests of the minor, the same Director may liaise with the Director (Child Protection) so that, by application, they request the Court to issue a protection order and the provisions of articles 18 and 19 or 24 of this Act shall apply mutatis mutandis.

(12) In accordance with article 12(3)(h), the Director (Child Protection) may, in the course of the investigation following a report, come to an agreement with the parent or parents of a minor depending on the circumstances of the case, that the minor is placed temporarily in alternative care and a social contract shall be agreed upon between the interested parties including the Director Alternative Care (Children and Youths):

Provided that a copy of the agreed social contract is to be communicated to the Review Board.

(13) Once the parties agree to such a social contract that includes placing the minor in alternative care, the termination of that placement shall only be possible in accordance with the provisions of this Act.