Children who require state protection will now have more input when decisions about their future are being made, with the introduction of new child protection laws that make an effort to avoid children removed from their homes under protection orders getting permanently stuck in the system. 

The new laws will presume that minors under protection orders are capable of expressing their views and wishes, have introduced the Children’s advocate to represent the rights and best interests of the child. 

The children’s advocate is just one facet of the new laws, which will come into effect on July 1 and were launched by Family Minister Michael Falzon at the youth home Dar Frate Jacobe on Wednesday. 

Care orders will now be issued by the juvenile court on the advice of professionals, instead of by the Minister, as was previously procedure. Three new protection orders have been introduced as an alternative to care orders, to better meet the unique circumstances of some children. 

An appeals system for protection orders is also being introduced, as these were previously decided through an administrative process but will now be heard in family court. 

In order to introduce more stability into the lives of children, the law will also stipulate on definite time frames that need to be set to determine whether a child can be returned to the family home, and if not, then a child must be placed permanently. 

Children who are voluntarily placed in alternative care will now also have a regulated care plan. 

Mandatory reporting, children’s house for testimony to be legislated in coming months 

The new legislation will also introduce the concept of mandatory reporting, which means that people in certain professions will be legally obligated to report suspected child abuse to the authorities. 

While some professions, like doctors, are already mandatory reporters through their obligations to be warranted, this was not previously enshrined in law. 

Mandatory reporters will also not be liable to civil or criminal action in court. 

The Minister said that authorities were also working to introduce a “children’s house”, a safe and non-intimidating space for minors to testify outside of court premises. 

He said that the introduction of these two measures would be finalised in the coming months. 

The Minister noted that there are currently 450 children under the state’s protection, roughly half of whom are living in residential care, while the other half live with foster families. 

“We owe it to the children to do our best to implement these rules,” Falzon said. 

“While this is a good first step, there’s more that can be done, and it’s vital that we continue to update the law according to the needs of our children”.