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Cap. 602 · Minor Protection (Alternative Care) Act (Cap. 602)

Cap. 602 Art. 9Reports. 

Sub-title I

In KraftAmtlicher Text

(1) Any person who has reason to believe that a minor is suffering, or is at risk of suffering, significant harm, may report the circumstances according to which it holds such reason to the Director

(Child Protection) or the Executive Police:

Provided that any reports received by the Executive Police shall be forwarded to the Director (Child Protection) without delay.

(2) Without prejudice to any other provision of any law and to his professional obligations which hold true notwithstanding this article, any professional who has knowledge of an act causing or which may cause significant harm on a minor as defined in sub-article (4) or which constitutes a criminal offense on a minor, or has knowledge that a minor is in need of care and protection shall immediately report to the Director (Child Protection) or the Executive Police and no such reporting made may constitute a criminal offence or give rise to any in bona fide right of action under any law whatsoever:

Provided that if a report is made to an entity or institution other than the Director (Child Protection) or the Executive Police, such entity or institution shall register such report in writing and shall, without delay, and in any case not later than twenty-four hours from the receipt of the report, refer the report to the Director (Child Protection) or the Executive Police.

(3) Where a report concerns a pregnant minor who is in need of care and protection, all efforts shall be made to keep mother and child together after birth, unless this is manifestly contrary to the safety and well-being of the baby.

(4) Any professional fails to take any action including the filing of a report when necessary as mentioned in sub-article (2) shall be guilty of an offence and upon being found guilty shall be subject to imprisonment for a period of not less than three months and not more than nine months, or a to a fine (multa) of not more than five thousand euro (€5,000), or to both such fine and imprisonment.

(5) For the purposes of this article and other provisions of this

Act, "significant harm" includes abuse, neglect, harassment, ill treatment, exploitation, abandonment, exposure, trafficking, fear of violence and female genital mutilation as defined and provided for in Book First of the Criminal Code. It also includes being a victim of domestic violence as defined and provided for in Gender-based Violence and Domestic

Violence Act.

(6) All reports made according to this article and to whomever they might have been made, shall be deemed as if protected by professional secrecy, if not already so protected by any law, and notwithstanding any other provision of any law said reports shall not be made accessible to the public, whether in their entirety or in part.

Änderungsgeschichte
  • Amended by XXIII.2021.5