MALTA
Study highlights need for Fostering Act
A study that compared the situation of children living in foster care with those of others living in residential homes highlighted the need for a Fostering Act that would clearly outline the rights and obligations of foster carers. The study, entitled Similarities and Differences in Attachment Styles of Children Living in Residential and Foster Care, was published in a thesis written by social work graduate Joanne Farrugia in March last year. It brings out the fact that, to a certain extent, children living in foster care are more secure than those living in residential care.
In her conclusions, Ms Farrugia states: “If the child is provided with a sense of security, warmth, being cared for and feeling important, a sense of trust and self-esteem is likely to develop, which will in turn lead to secure attachment styles that are reflected in the child’s character, behaviour and identity.” The researcher also stressed the need for a Children’s Act, which would guide professionals and families in issues related to child welfare.
To date, Malta has neither a Fostering Act, nor a Children’s Act, both of which have been under discussion for several years. Interestingly, in March 2001, when Prime Minister Lawrence Gonzi was Minister for Social Policy, his ministry published a document that sought to bring about the different aspects of childcare. Among other things, the government pointed out: “The absence of a legal framework where foster care can be regulated and operated causes serious problems to foster carers in carrying out their duties and indeed fostered children. The Child Act (and the Family Court) will address this need”.
The Family Court was officially set up in 2003, although the effectiveness or otherwise of this court is highly debatable.
In its 2001 document, the Social Policy Ministry stated that fostering is a very recent development locally and that this could be the reason behind the low number of children in foster care as opposed to the number of children in residential care. However, the issue goes beyond this. In an interview with The Malta Independent, Miriam Cassar, who has been trying to create a pressure group working for children’s rights, said that fostered children and their carers have practically no rights whatsoever.
She recounted a story told by former Children’s Commissioner Sonia Camilleri, about two fostered children who had been living with a couple for about 10 years. One fine day the biological father filed an application in court requesting to see the children, aged about 12 and 14. He was the biological father, but an outsider really, and he was given the right to see the children, even though they were not asked whether they wanted to meet him. This despite the fact that Article 12 of the Convention on the Rights of the Child states children’s “right to express their views”.
Another issue, raised in the government’s 2001 document, is the running of residential homes, of which all but one are run by religious Orders. The reality is that religious Orders are dwindling in numbers and their members are ageing. It also stated: “Government cannot escape the implications of this reality. It means that within a few years residential homes for children will have to replace these religious with salaried staff. It also means that each replacement will imply the engagement of at least three other persons since members of religious Orders do not, as a rule, follow a 40-hour week regime.
“Moreover, staffing issues are further complicated by the nature of the needs of children in care. While in the past these homes were geared for orphans or children of large poor families, the current client profile is radically different. Nowadays most children come from dysfunctional families and have marked social and psychological needs which necessitate professional intervention, and not just good disposition.”
Clearly, the need for a Children’s Act and Fostering Act cannot be stressed enough. As Ms Farrugia points out in her thesis, the fact that there is no law that protects children in the current legal framework needs to be addressed without further delay. Essentially, at the root of the problem lies the basic notion that children living in foster care are given a degree of stability thanks to the one-to-one relationships provided.
Ms Farrugia draws the conclusion that when children do not experience a sense of security, they will feel insecure about themselves and their identity. She goes on to say that recognising and addressing attachment related issues faced by children in care is extremely important, particularly in this day and age when human rights and children’s rights are at the top of many countries’ agendas.
Francesca Vella
17 August 2008