All talk about children tends to be positive, with a genuine desire to provide the best for them. This is true of all communities, who value children and aspire to give them a better future than the previous generations had. All this apart, the difference between aspiring to do something and actually committing to do it, is legislation. With the coming into force of CAP 602 never before has legislation been so clear, that no matter what, the best interest of the child shall always prevail.
The law for the protection of minors came into force in order to better ensure the adequate protection for minors, to establish cleaner rules for alternative care and to bring in different types of orders which suit the particular circumstances of the child in question. Most importantly, it offers the best security to the child in the delicate years of formation. This Act further establishes a solid legal basis which ensures that the interests of minors in vulnerable situations, shall always prevail, when such children are either at risk of harm or are unable to live with their natural parents due to varying circumstances.
Promoting the well-being of children, their rights and interests, is high on government’s agenda. It is our responsibility to provide the best possible safety net, particularly for those minors in vulnerable situations. The new concept of permanency has also been introduced in the Act, to eliminate the threat that hung over the children’s head, that this new found security, for example in foster care, could be interrupted, by seeing the child returning back to their unstable families. The principle of the best interests of the child is strongly enshrined in this Act, as stability and the happiness of the child are always to take precedence.
Consistent with the principle of stability and long-term security, it is now possible that after a period of five years in foster care, the foster carers can file an application for adoption. Furthermore, in certain exceptional circumstances, the application to adopt the fostered child can even be filed before the Court after three years of fostering.
A child can only be a child once and no child should forfeit their childhood because of the ills of others. We have also acknowledged that temporarily a family may go through a crisis requiring the support of foster care for some time. Therefore, for such situations, government has also provided a myriad of social work services in the community that parents in crisis may access and benefit from. Despite this, a child cannot wait indefinitely for the crisis to subside. The need for stability at the early stages of life needs to be met. Social workers were indeed right to have lobbied for improvement in legislation to provide these rights to the children who, unfortunately, were at risk of being denied such fundamental rights.
In addition, professionals will now be obliged at law, to report when they suspect cases of neglect and abuse. Professionals dealing with children will now have a mandatory reporting duty to inform the authorities. On the other hand, professionals reporting in bona fide cannot be charged, if upon investigation, it turns out that their suspicions were erroneous. This safeguard was important, as in social work nothing is totally black or totally white. The balance between action being taken to minimise harm and allowing reasonable time to investigate is important to get right, even if not easy to do.
It is also gratifying to report, how the consultation process on the Bill was indeed an exercise in creative thinking which in turn resulted in outstanding recommendations, most of which found their way in legislation. Such climate was also evident in the House, where both sides came together to give the Bill the green light. The co-ordination and co-operation of Claudio Grech, the then Opposition Speaker on children, cannot but be highly commended.
This legislation has long been coming, as many considered such legislation too complex to enact. Nevertheless, when the best talent that the country has to offer is mobilised and matched by political will, the result is bound to be successful.
The Act clearly establishes, once and for all, that children are no chattel or anyone’s possession but by virtue alone of the fact that they are children, they have rights at law. They deserve to be healthy, to enjoy their childhood, to develop their talents and capabilities, to realise their dreams and to make an effective contribution to self and others, both in the present and in the future.
This government’s vision is crystal clear: A child should be seen (and protected) but never to be hurt.
Michael Falzon is the Minister for the Family, Children’s Rights and Social Solidarity