| Foster Care in Malta | | | | incorporate a fundamental matter: articles of the law |
| The incident of the 'Shoebox Baby' seems to have | | | | which deal directly with the physical and emotional |
| given rise to the need for a proper law in cases | | | | well-being of the child, the physical and emotional |
| where children require the intervention of the | | | | taking-care of the child. This Bill is more concerned |
| government to safeguard their interests and their | | | | with the administrative entities involved, their rights |
| physical and emotional care. One particular legislation | | | | and obligations, and especially, the rights of foster |
| which does, albeit limitedly, cater for such situations is | | | | carers. |
| Legal Notice 13 of 1962 which provides that if a child | | | | I believe that the care and maintenance of the child |
| requires foster care the preferential placement should | | | | and how to achieve the best results in the particular |
| be that with family members such as an aunt or | | | | case should be incorporated in this prospective |
| uncle. Where this is not possible, with a family | | | | legislation. There should be careful detailing of what |
| specially selected for the task. This Legal Notice also | | | | child care and maintenance means and how this is to |
| provides monitoring by a 'welfare officer' who is to | | | | be achieved. By this I am not implying that the |
| visit the child from time to time to satisfy himself as | | | | agencies are not already applying the highest of |
| to the child's well-being and also to offer any advice. | | | | standards when it comes to taking care of the |
| This law merely outlines what should be done in the | | | | fostered child but wouldn't it be securer if it were |
| fostering process but provides no supportive and | | | | part of our legislation as well rather than merely a |
| administrative structures to back it. It also lacks | | | | practise? Wouldn't it be more auspices for the |
| clarity and detail as to how the fostering process is | | | | fostered child to know that his or her rights are |
| to be performed, sustained and achieved well. | | | | well-protected by law? No doubt, the agencies |
| The Bill on Foster Care. | | | | involved in the fostering process have gathered |
| Bill 89 of 2007, which is at the moment being | | | | invaluable experience throughout their years of |
| debated in Parliament, aims to provide for the | | | | fostering work and can contribute greatly as to the |
| supporting structures for the fostering process in | | | | formulation of such a law. |
| Malta. It sets up the administrative framework, such | | | | Foreign legislation, particularly English Statutory law, |
| as the Central Authority and the Fostering Board, | | | | goes into great detail as to the duties owed by the |
| within which such process is to be carried on | | | | agencies and the foster carers to the fostered child |
| efficiently. It also aims to regulate voluntary agencies | | | | in order to ensure the well-being of the child. The |
| collaborating in the fostering process both at its | | | | Fostering Services Regulations 2002 impose upon the |
| commencement and for its duration and provides for | | | | agencies collaborating in the fostering process various |
| the rights and responsibilities of foster carers. | | | | duties including the duty to secure the welfare of the |
| The Central Authority to be established by this | | | | child and to make arrangements for their protection. |
| proposed law will be the epicentre for the scrutiny of | | | | In addition, this law sets out the manner in which |
| agencies intending to collaborate in the fostering | | | | such duties are to be fulfilled. For example, the child is |
| process. This Authority will accredit such voluntary | | | | to be consulted and his or her feelings, wishes, |
| agencies to make arrangements for the whole | | | | religious beliefs, racial origin and cultural background |
| process of the fostering of a child. It is also | | | | are to be given 'due consideration'. Moreover this law |
| empowered to revoke any such accreditation and to | | | | sets out the policy and procedure that all agencies |
| take action against any agency violating the law on | | | | are to follow in the event of abused or neglected |
| Foster Care. | | | | children. This foreign law also seeks to secure the |
| The Fostering Board being set up by this Bill is to be | | | | best interests of the child by imposing upon voluntary |
| composed of professionals specialised in various fields. | | | | agencies the duty to ensure that the fostered child is |
| What is interesting here is that the Minister is binding | | | | registered with his or her own GP, has access to any |
| herself to do her utmost to appoint as one of the | | | | physical or psychiatric treatment he or she may |
| members of this board, a person of age, who himself | | | | require, has the support required in case of any |
| or herself was a fostered child. This is significant in | | | | disability, and has the guidance and advice on his or |
| that it aims to provide a holistic approach towards | | | | her health and personal care appropriate to his or her |
| the fostering process. | | | | individual needs. Other important duties which English |
| The main function of the Fostering Board is to | | | | Statutory Law imposes upon agencies are the duty |
| monitor the particular case of children who need | | | | to follow the child's educational progress and to |
| fostering and to keep records thereof, to decide | | | | promote the child's interests and hobbies. Unlike |
| upon the suitability of foster carers, to provide | | | | English Statutory law, our Bill on Foster Care seems |
| documentation to foster carers identifying them as | | | | to assume that such well-being is attained |
| such, to review reports and complaints made against | | | | automatically. |
| foster carers and to take action to remedy the | | | | One question which this Bill does not answer is 'What |
| situation. Any decision taken by this Board may be | | | | happens when the fostered child reaches the age of |
| challenged before the Board of Appeal, whose | | | | 18?' What structured support is there for this person |
| decision is final. A foster carer or an agency have the | | | | to go out in the world, find a job, and build a life of |
| right to appeal against the decision of the Fostering | | | | his or her own? Is there any further support?. In |
| Board or the Central Authority and in so doing they | | | | England, a person who is in care usually leaves his |
| can also demand that the decision taken by them be | | | | foster home at the age of 16, unless such fostering |
| suspended until the final decision is reached. This | | | | was ordered by the Court, in which case he or she |
| structure is innovative because to date there is no | | | | would leave at the age of 18. The English Children |
| law which supports foster carers. | | | | Leaving Care Act 2000 provides for the support that |
| This Bill also outlines the functions of the voluntary | | | | persons leaving their foster home require in order to |
| agencies collaborating in the fostering process. I use | | | | start living independently. This Act ensures that the |
| the word 'outlines' because I believe that this Bill could | | | | Local Authority assists the leaver in areas such as |
| have been more profound in various aspects as will | | | | housing, education, training and employment. These |
| be explained below. The agencies collaborating in the | | | | care leavers will be allocated a social worker, |
| fostering process are to regulate their own | | | | sometimes also called a personal adviser, who will |
| procedures but they must ascertain that particular | | | | advise him as to his next steps. In England persons |
| objectives be carried out. This includes the training of | | | | leaving care are provided the support which will |
| prospective foster carers as well as providing | | | | enable them to live independently. Moreover care |
| on-going support for current foster carers. The | | | | leavers who find a job will be provided with support |
| agency which enters into the fostering agreement | | | | until they are 21 whereas students who wish to |
| with the carers has the responsibility to monitor all | | | | further their education will be supported till they are |
| the placements made and must also investigate and | | | | 24 years of age. |
| forward to the Fostering Board a report regarding | | | | Conclusion |
| any complaints received against foster carers. | | | | I believe that this prospective legislation is a very |
| Some Shortcomings and Foreign Legislation | | | | positive one in that it is the first real law which |
| It is undeniable that this Bill is founded upon securing | | | | regulates the whole process of fostering. It provides |
| the best interests of the child. The establishment of | | | | the structures required for the efficient monitoring of |
| solid structures such as the Central Regulatory | | | | the process as well as the support for those who |
| Authority, the Fostering Board, and the Board of | | | | are directly involved in this process, while keeping as |
| Appeal ensure that our fostering process is solidly | | | | its fulcrum the best interests of the child. I believe, |
| supported as well as thoroughly scrutinised. | | | | however, that this Bill could go further in that it could |
| Minister Cristina, in her parliamentary speech | | | | provide for the detailing of the manner in which a |
| emphasised many a time that its pervading objective | | | | child is to be physically and emotionally taken care of |
| is the 'best interests of the child'. Without doubt this | | | | and for the supportive structures required once the |
| Bill provides for the essential administrative and | | | | fostered child becomes of age and intends to live |
| supportive structures required by the fostering | | | | independently. |
| process. However, in my opinion, it fails to | | | | |