House finally discusses Bill that will set up Child Court

Parliament has finally started debating a Bill that would shift the powers to grant child protection orders from the social policy minister to a newly-established Child Court.

The Bill was originally presented in 2014 by president and then social policy minister Marie-Louise Coleiro Preca, but finally presented for debate today by her successor Michael Farrugia.

The long delay was not lost on Opposition MP Robert Cutajar, who questioned why it took government over 800 days to table it. However, Farrugia said the delay was necessary as “even the most perfect laws fail if the necessary structures are not in place”.

The proposed Child Court will be presided by a judge assisted during proceedings by two members of the Child Care Advisory Group – a board of six child professionals, who will be appointed following a public call.

The court will have the power to issue emergency orders to protect children from immediate harm, temporary supervision orders, and parental treatment orders that would require parents to undergo treatment for substance abuse, psychological treatment or parental skills training.

It will be able to issue care orders when there are serious deficiencies in the child’s everyday care, when parents fail to provide adequate treatment to ill or disabled children, when the child’s health and development is at risk, when the child has displayed extremely challenging behaviour, and when the child in question is an unaccompanied asylum seeking child.

A Child Advocate will automatically be appointed to represent the child, unless said child expressly refuses. The lawyer will be obliged to elicit the child’s wishes and inform their clients of the ongoing procedures and of their legal rights.

It will split the investigatory arm of Appogg from its social welfare branch, and a new director for Child Protection Services (CPS) will be charged with investigating alleged child abuse.

People who have proof that a child is in actual or at risk of significant harm will be obliged to report the case to the police or the CPS. Failure to do so will render people liable to criminal prosecution, with a maximum punishment of one year imprisonment or a €5,000 fine. The same penances will be applicable to people who maliciously report a case.

A “Children’s House” will be set up to act as a one-stop-shop for children to recount their experiences, which will then be recorded, saving them the trauma of having to repeatedly relive them.