A legal and comparative analysis of permanent foster care

Abstract

Permanency Planning is a goal oriented and timely approach for the planning of children. The main goal is to promote continuity and stability towards children in care, and to have a thorough decision-making process so that children, their parents and carers are all equally involved in the planning. The main objective of this study is to analyse the new Child Protection (Alternative Care) Act that is currently under its second reading, and to understand the whole concept of permanent foster care. This research has identified that the legal rights of the children that are put in permanent foster care are not harmed in any way. It is found that children gain stability with their foster carers and that their physiological development is improved. In fact, children that are put in several placements are found to suffer from many developmental setbacks. This research has recognised how other jurisdictions have incorporated the concept of permanent foster care in contrast with the Maltese current laws which do not include Permanency Planning. The introduction of Alternative Permanency Plan as proposed in new Child Protection (Alternative Care) Act is a great step forward. Permanency Planning gives the child a sense of permanency and stability, and a sense of personal identity. Even though the proposed law has introduced many new concepts in favour of children’s rights, I feel that certain aspects still need further improvement such as, the fact that the Minister still appoints members of the boards. Potentially, other stakeholders with relevant expertise would be in a better position to objectively assess and appoint members of the Review and other Boards. Furthermore, this research has identified that permanent stability and continuity are extremely essential components in foster care.