Cap. 602 · Minor Protection (Alternative Care) Act (Cap. 602)
Cap. 602 ст. 2Interpretation.
In this Act, unless the context otherwise requires:
"accredited agency" means any agency, as accredited by the Central Authority in accordance with this Act and so accredited for the organisation of training and for the certification of persons deemed adequate to act as foster carers;
"alternative care" means the placement of a minor under the care of a person or entity, not being a parent of the minor, as ordered by the Court or as a result of an administrative decision,
*All provisions of the Act are in force expect articles 9 (2), (3), (4), 15, 26 to 30. †Articles 9(2),(3) and (4) came into force. ‡Article 15 came into force. and the expression "alternative carer" shall be construed in like manner;
"alternative permanency plan" means a concrete, timely and systematic plan for any minor living in alternative care and, or is protected by a care order, with the aim of promoting stability and continuity in the care and alternative care of the minor;
"Board of Appeal" means the Board of Appeal established under article 64;
"care and protection" means such care and protection which is reasonably expected from a parent towards his minor for the purpose of promoting the full potential of that minor, while taking into consideration the capabilities, natural inclinations and the aspirations of that minor;
"care order" means an order issued in accordance with article 19(1)(a);
"care plan" means a plan drawn up in accordance with article 13 to promote the development and well-being of the minor;
"Central Authority" means that entity which on the day of coming into force of this Act was responsible for fulfilling the functions mentioned in article 41;
"Children’s Advocate" means a lawyer appointed in terms of regulation 3 of the Civil Court (Family Section), the
First Hall of the Civil Court and the Court of Magistrates
(Gozo) (Superior Jurisdiction) (Family Section) Regulations, who shall exercise the functions given to him in accordance with article 25;
"Court" means the Juvenile Court established under the
Juvenile Court Act but consisting solely of the Magistrate without the two assistants appointed according to article 4(2) et of the same Act; seq.
"cross-border foster care" means:
(a) the care provided by a foster carer who is a Maltese citizen, to a minor who is not a Maltese citizen and who is resident in Malta; or
(b) the care provided by a foster carer who is not a Maltese citizen and whose approval by a foreign authority is recognised by the Central Authority, through the Director Alternative Care (Children and Youths), to a minor who is resident in Malta; "Director (Child Protection)" means the Director (Child Protection) who investigates reports concerning children and takes necessary action in accordance with this Act in the children’s best interest;
"Directorate Alternative Care (Children and Youth)" means the Directorate Alternative Care (Children and Youth) which gathers within it services offered to children in alternative care, adoption services and youth services;
"emergency order" means an order issued in accordance with article 20;
"foster care" means the placement of a minor under the care of a person, not being a parent of the minor, and which is chosen, qualified, approved and supervised to provide care for a period and in accordance with a care plan;
"foster carer" means one or more persons approved by the Fostering Board to foster a minor;
"foster care agreement" means the agreement reached in accordance with article 51;
"Fostering Board" means the board established by article 38;
"key social worker" means the social worker appointed by the Director (Child Protection) to investigate a report, or the social worker appointed by the Director Alternative Care (Children and Youths), to follow the development and well-being of a minor in alternative care and to co-ordinate and follow up the progress of a care plan in relation to that minor;
"Minister" means the Minister responsible for the rights of minors;
"minor" means a child under eighteen years of age;
"parent" means the biological mother or the father of the minor or any other person who, by an express provision of the law, has parental responsibility for such minor;
"parental responsibility guidelines" means directions given to the parent or parents of the minor on what is considered as constituting significant harm, on better methods in parenting and, or disciplining minors and on what is considered as desirable or undesirable parenting skills or behaviour exhibited by the parents in the presence of the minors;
"permanency which is relational, physical and legal" includes that the minor feels loved, protected, safe and supported by the persons with whom he lives, that there be stability in the physical surroundings in which he lives and in his connections with the community, as well as those legal arrangements related to his permanency and especially those relating to his care and custody;
"protection order" means one or more orders issued in accordance with article 19;
"registered social worker" or "social worker" shall have the same meaning given to it by article 2 of the Social Work Profession Act;
"Regulation (EU) 2016/679" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
"removal order" means an order issued in accordance with article 19(1)(d);
"Review Board " means the Minors Care Review Board, established in accordance with article 31;
"Social Care Standards Authority" means the authority established by the Social Care Standards Authority Act;
"social contract" means the written agreement reached in accordance with article 12, between the Director or any other entity which the Minister may order by notice in the Gazette, and the parents of a minor or any other person interested in the well-being of the minor;
"supervision order" means an order issued in accordance with article 19(1)(b);
"Therapeutic and Secure Centre" means the centre established in accordance with article 26;
"treatment order" means an order issued in accordance with article 19(1)(c);
"unaccompanied minor" means a minor who arrives in Malta unaccompanied by an adult who by law or custom is responsible for him, and for as long as the minor is not effectively taken into the care of such an adult and includes any minor who is left unaccompanied after he has entered Malta.
История изменений
- Amended by XXIX.2024.15