Experts have welcomed changes in a new Child Protection Bill but raised concern that too much power has been left in the Family Minister’s hands.
“It is paramount that people are not appointed based on their political affiliation but on competence. The selection process should be a transparent one based on specific competences and professional backgrounds,” director of Fondazzjoni Sebħ Andrew Azzopardi said when contacted.
He noted that the minister would be appointing almost every role according to the new draft launched in January.
He also raised concerns over mandatory reporting for professionals, with professionals facing criminal convictions if they fail to report any suspicion of risk.
“By criminalising professionals I believe we are doing a disservice to children instead of safe-guarding them,” he said.
“By making reporting mandatory for professionals, the law is potentially removing the support network around victims because whenever a person discloses abuse this will be automatically reported to authorities even without their consent.”
This was particularly concerning when the alleged victim was an adult disclosing abuse they had suffered as a child.
On the other hand, the fact that decisions to issue care orders will be taken by an independent judiciary and no longer by politicians was a move in the right direction.
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Mr Azzopardi also commended the move to make adoption of those in care easier.
Parents should be given every opportunity to change their lives in order to meet their child’s needs, but when this was not within the child’s timescales, adoption should be the preferred option for young children.
Law potentially removing support network around victims
The Child Protection Bill was tabled in Parliament five years ago by then Family Minister Marie-Louise Coleiro Preca. The draft law was revised by her successor Michael Farrugia and a new Bill was approved in 2017.
However, this law never came into force and the current ministry, headed by Michael Falzon, went back to the drawing board.
A new draft of the Act was presented in January and this final version has been commended for finally allowing foster carers to adopt minors who have been under their custody for more than five years.
For foster parent and university lecturer Daniella Zerafa, the new law’s priority of achieving permanence for children in the least possible time set out the spirit of the law.
The law also encouraged the principle of shared responsibility by emphasising the importance of different entities coming together to protect children.
According to international research, this was the only effective way through which children could be protected.
The health and education departments, the police authorities and the community needed to join forces with the official protection services to make sure that children who required protection found services that truly met their needs, Dr Zerafa said.
Dr Zerafa also expressed concern about the required change in mentality. Until now children have been considered as their parents’ property and this law challenged professionals to ensure children were at the centre of decisions.
She is also concerned that it was still the minister who appointed the board members related to child protection.
The concern was also flagged by the President’s Foundation for the Well-being of Society. When contacted, a spokesman noted that the involvement of the Family Minister had only been minimally reduced. The draft still failed to address autonomous and independent lines of decision making, which would preferably be taken by the courts, she said.
The foundation welcomed the introduction of the Children’s House – a place specifically for children’s court sittings – and the prospect of more stability for children in foster care placements.
However, the foundation was concerned that the principle of child participation was not reflected in the law because children were always included at the invitation of someone, and not as of right.