Parents of children living in residential care who refuse to free them for adoption despite not being present in their lives could have them taken away under a new process to be discussed in Parliament today.
This long-awaited measure could finally put an end to a system that leaves children in residential care for years.
The biological parents will have 30 days to reply to an application filed in court by a person wishing to free a child for adoption.
The applicant, described as someone with “an interest in the wellbeing of the child”, would have to outline why the child would be better off freed for adoption, which, essentially, means stripping the parents of their parental rights.
These changes, contained in a Bill on children in out-of-home care to be debated in the House of Representatives today, are meant to secure a happier future for the 400 children who are under a care order.
Welcoming the move, a man who was adopted as a child told Times of Malta he hoped the Bill would soon become law and that the process would prioritise those children who had been waiting for years.
“It’s about time that something is done to free those children who have been in care for a long time. The process should start with a review to identify those children who really need it and these cases should be treated with urgency,” the 34-year-old said.
As things stand today, for a child who lives in a residential home to be adopted there first has to be a request for adoption.
If this is considered to be in the child’s interest, the consent of the biological parents is sought.
Should the parents refuse to give consent, the court can only dispense of parental rights in line with specific legal criteria.
These include instances of abuse and neglect and mental incapacity to decide. This process was rarely used.
The Bill increases the chances of a child under a protection order (such as a care order or removal order) being freed for adoption because the court application can be filed by any person with an interest in the wellbeing of the child.
The application will be accompanied by a care plan that will refer to any prospective adopters.
If there is no one lined up to adopt the child, there will be recommendations for continued care until an adoptive family is identified.
The process should start with a review to identify those children who really need it and these cases should be treated with urgency
The application will be served to the biological parents who will be given 30 days to reply.
If they do not reply, the court will appoint a curator to represent the parents’ rights during the court case.
The court will then make a decision based on the child’s best interests after hearing the wishes of the child and evaluating the child’s attachment to the natural family.
The recommendations listed in the care plan can include measures of having an open adoption, which would allow the child to maintain controlled contact with the biological family.
Speaking through experience, the 34-year-old man said lawmakers should consider extending the Bill to free up children who were placed in care voluntarily and not limit it to those under care orders.
He also said that, rather than relying on someone filing a court application to free a child, there should be a system of regular reviews in place to ensure all eligible children had an application filed on their behalf.