Cap. 569 Art. 22Validity of child protection orders.

(1) A child protection order shall remain in force until the child attains the age of eighteen years, or the Court of Magistrates revokes it.

(2) The Court of Magistrates may revoke a protection order upon receipt of a recommendation to that effect, and the reasons thereof, by the Review Board made in terms of article 28(5). The Court of Magistrates shall before revoking such order take into account:

(a) the recommendation to that effect, and the reasons thereof, of the Review Board;

(b) the views of the child, if considered to have sufficient understanding;

(c) the views of the Children’s Advocate;

(d) the views of the parents of the child;

(e) the views of the key social worker;

(f) the views of the alternative carer;

(g) where applicable, the views of the guardian; and

(h) the views of any such other person as it may deem appropriate.

(3) Where the Court of Magistrates determines that sufficient grounds exist for the revocation of a protection order it shall refer the matter to the Review Board to prepare a reintegration plan and the provisions of article 30 shall apply.

(4) Where the Court of Magistrates determines that no sufficient grounds exist for the revocation of a protection order, it shall make a decree ordering the continuance of reviews before the Review Board and shall provide the reasons thereof.

(5) For the purposes of the preceding sub-articles (3) and (4), the court shall take into account:

(a) the age of the child;

(b) the wishes of the child and the weight to be given to those wishes in accordance with the child’s age and maturity;

(c) the length of time the child has been in the care of the current alternative carers;

(d) the strength of the child’s attachments to his parents and the current alternative carers;

(e) the capacity of the parents of the child to provide an adequate standard of care for the child; and

(f) the risk of psychological harm that the child may suffer if present care arrangements are varied or revoked. accordance with article 28(6).

(2) Before making the said decree, the court shall ascertain the views and wishes of the child, if considered as having sufficient understanding, and of any such other person or entity, which it may deem relevant for the purpose of ascertaining such views and wishes.

(3) Where the Court makes a decree in accordance with this article, it may also allocate parental responsibilities to the alternative carers, particularly in relation to matters of education, health and overseas travel. The court may also impose any such other condition as it may deem appropriate to impose in the circumstances of the case.

(4) Any review of the alternative permanency plan shall take place at least once every year by means of a report drawn up by the key social worker, which report shall be presented to the Review Board. The said board shall, whenever it deems it proper so to do, summon any person or entity to appear before it and require them to produce any document, which it may require: Provided that the Review Board shall have the power to hear the child at any time during which the alternative permanency plan is in effect to ascertain the well-being of such child.