Is It Lawful For Miriam To Place Her Children In An Alternative Form Of Care Case Study
1. Is it lawful for Miriam to place her children in some alternative form of care?
Yes, Miriam could place her children in an alternative form of care. Since Miriam is the only living parent, parental authority is vested solely to her. She should be able to perform her parental authority as prescribed in Articles 3B of the Civil Code and Article 7 of Children and young Persons act (Cap.285- Care Orders Act). Article 7 states that parents, should “provide care, protection and control”1 for their children and where the parents fail to do so, the child may be placed in alternative forms of care, and therefore, Miriam is liable to place her children in an alternative form of care. Moreover even Articles 134 (1) and 134 (2) of the Civil Code suggest …show more content…
11 For instance after a period of time after issuing the care order, the Minister would require to overview the decision taken and could in fact change the decision made if he sees that there have cropped up another possible solution. Whereas he could also give back the parental responsibility to Miriam once she feels she is ready to take full responsibility over her children and after providing necessary remedies of how she can be able to do …show more content…
"Foster care" means a service for a determinate period whereby a child is placed in the continuous care of a foster carer, and through which the child is brought up in a family environment according to his best interests;
6. In the Fosters Care Act (Cap. 491) Article 24 makes suggestions of the rights and duties of the foster carers shall have according to the foster care agreement. Article 25 of the Foster Act lists down the rights of the children placed in foster care – “A foster carer shall ensure that the child placed in his care shall be cared for, maintained, instructed and educated according to the child’s abilities, aspirations and natural inclinations. The child shall also have access to the social worker who is taking care of the placement.
7. However in the Martin Vella case on 22nd April 1991(REFERENCE: VOLUME 75 (1991), PART NO. 1, SECTION 1, PAGE 207).(Presided in the Constitutional Court) This case is related to the issue of illegitimate children. Where the mother who was not married to the father of the child decided to give her new born child for adoption (and since the couple were not married, the law allowed her to take this decision alone, without the need of consent from the father) The father however, contested against this principle as he objected on giving his newborn daughter for adoption. Yet the court said that if the child would be adopted than she would no longer be illegitimate and therefore it would be in his daughter’s best
Yes, Miriam could place her children in an alternative form of care. Since Miriam is the only living parent, parental authority is vested solely to her. She should be able to perform her parental authority as prescribed in Articles 3B of the Civil Code and Article 7 of Children and young Persons act (Cap.285- Care Orders Act). Article 7 states that parents, should “provide care, protection and control”1 for their children and where the parents fail to do so, the child may be placed in alternative forms of care, and therefore, Miriam is liable to place her children in an alternative form of care. Moreover even Articles 134 (1) and 134 (2) of the Civil Code suggest …show more content…
11 For instance after a period of time after issuing the care order, the Minister would require to overview the decision taken and could in fact change the decision made if he sees that there have cropped up another possible solution. Whereas he could also give back the parental responsibility to Miriam once she feels she is ready to take full responsibility over her children and after providing necessary remedies of how she can be able to do …show more content…
"Foster care" means a service for a determinate period whereby a child is placed in the continuous care of a foster carer, and through which the child is brought up in a family environment according to his best interests;
6. In the Fosters Care Act (Cap. 491) Article 24 makes suggestions of the rights and duties of the foster carers shall have according to the foster care agreement. Article 25 of the Foster Act lists down the rights of the children placed in foster care – “A foster carer shall ensure that the child placed in his care shall be cared for, maintained, instructed and educated according to the child’s abilities, aspirations and natural inclinations. The child shall also have access to the social worker who is taking care of the placement.
7. However in the Martin Vella case on 22nd April 1991(REFERENCE: VOLUME 75 (1991), PART NO. 1, SECTION 1, PAGE 207).(Presided in the Constitutional Court) This case is related to the issue of illegitimate children. Where the mother who was not married to the father of the child decided to give her new born child for adoption (and since the couple were not married, the law allowed her to take this decision alone, without the need of consent from the father) The father however, contested against this principle as he objected on giving his newborn daughter for adoption. Yet the court said that if the child would be adopted than she would no longer be illegitimate and therefore it would be in his daughter’s best