The Child Care and Protection Act-Compressed
The Child Care and Protection Act-Compressed
The Child Care and Protection Act-Compressed
Establishment of Council.
General duty of the Council to advise the Minister.
Proceedings by Minister.
Miscellaneous offcnces.
General penalty.
Forms.
Regulations.
Protcction from liability.
Power of Ministcr to amend Act.
SCHEDULES
5-1) For the purposes of this Act there shall be a Children's Egabli"-
ment of
Register and a Children's Registry. Children's
Register.
(2) The Children's Register shall consist of such
information as is supplied by persons who are required to make
a report under section 6.
(3) The Minister may make regulations prescribing the
procedure for the entry of information into the R~egister,the
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10 CHILD CARE AND PROTECTION
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CHILD CARE ,4ND PROTECTION
section (1) may, at the same time, order the payments under the
maintenance order to be paid to the person to whom
contributions in respect of the child are payable under section
29.
(3) Subject to the provisions of section 32, the powers of
the court under subsection (2) may be exercised by any court of
summary jurisdiction having jurisdiction in the place where the
putative father is for the time being residing, on the application
of the person who would be entitled to apply for a contribution
order.
(4) Any sums received under the maintenance order shall
be applied in like manner as if they were contributions received
under a contribution order.
(5) If the putative father changes his address, he shall
forthwith give notice thereof to the Government agency
responsible for children, and, if he fails so to do, or 'f he
knowingly gives a notice that is false in any materia.1 particular,
he commits an offence against this Act.
(6) The making of an order under this section with
respect to a maintenance order shall not extend the duration of
that order.
Reference 32.-(1) Any reference in section 30(2) (b) or 3 l(3) to a court
in section
30 or 31 to having jurisdiction in any place of residence for the time being
court for shall-
Kingston
or Saint (a) in relation to a place in the parish of Kingston or the
Andrew is to
Family Court. parish of Saint Andrew, be construed as a reference to
the Family Court-Corporate Area Region; and
(b) in relation to a place aforesaid in a parish within the
geographkal jurisdiction of a Family Court established
pursuant to Part I1 of the Judicature (Family Court) Act
be construed as a reference to that Family Court.
Prohibition on 33. No person shall employ a child under the age of thirteen
employment
of child under years in the performance of any work.
thirteen.
34.-(1) No person shall employ a child who has attained the Restriction
age of thirteen years, but who has not attained the age of fifteen on
,,,,employ-
,,
years, in the performance of any work other than in an childover
occupation included on the list of prescribed occupations thirteen.
referred to in subsection (2).
(2) For the purposes of subsection (I), the Minister shall
maintain a list of prescribed occupations-
(a) consisting of such light work as the Minister
responsible for labour considers appropriate for the
employment of any child of the age referred to in that
subsection; and
(b) specifying the number of hours during which and the
conditions under which such child may be so
employed.
(3) No person shall employ a child-
(a) in the performance of any work that is likely to be
hazardous or to interfere with the child's education or
to be harmful the child's health or physical, mental,
spiritual or social development; or
(b) in night work or an industrial undertaking.
35.--(I) Notwithstanding the provisions of sections 33 and Exception
for artistic
34, the Minister responsible for labour may, on the advice of the per-
Council, issue a permit to a child to enable that child to be fomances.
employed for the purpose of participating in artistic
performances.
(2) A permit issued pursuant to subsection (1) shall
specify the number of hours during which and the conditions
under which the child may be so employed.
36. Where any child is employed in contravention of any of Responsi-
bility for
the provisions of section 33 or 34, any person to whose act, cant,-
PART111.---Children In Cure
Interpretation 46. In this Part-
for Part 111.
"lawful guardian" means any person appointed according to
law or by deed or will or the order of a court, to be the
guardian of a child, or to have the custody and
maintenance of a child;
"licence" means a licence granted under this Part;
"licensed home" means a children's home licensed under
this Part;
"licensee" means the holder of a licence under this Part.
Licence to 47.-(1) No person shall establish or maintain a children's
operate
children's home (hereinafter in this Part referred to as a "home") except
home. under a valid licence granted to him by the Minister in respect of
the home:
Provided that nothing in this subsection shall apply to-
(a) a juvenile correctional centre;
(b) any school, other than a school required by the Minister
to be licensed;
(c) any house where four or more children arc: boarded and
maintained by relatives of such children, or by the wish
or with the consent of the parents or lawhl guardians
of such children, save in cases where the Minister, by
notice in writing, expressly requires any such house to
be licensed;
(d) any home or orphanage maintained wholly by the
Government.
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CHILD CARE AND PROTECTION
of reception
52.-(1) A licensee shall notify the Minister in writing of the
ofchild, name, sex, age and date of reception of every child who is
received into his home, and every such notification shall be
made within forty-eight hours after the reception of the child
into the home and shall contain such further particulars as may
from time to time be prescribed.
(2) The licensee shall, after such notification, supply the
Minister with all such particulars relating to any !such child as
the Minister in any case may require.
Or
death of child.
53.-(1) Save where a child is removed from a. home under
an order of a court, a licensee shall not permit any child to leave,
or to be removed or transferred from, the licensee's home,
without first giving the Minister seven days' notice in writing of
such impending removal or transfer, and except in the case of
a transfer to another licensed home, without first obtaining the
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CHILD CARE AND PROTECTION
licensed
56.-(1) If the Minister is satisfied that the management of
homes. any licensed home, or the accommodation provided for, or the
treatment of, the children therein, is such as to endanger or to be
likely to endanger their welfare, he may give, in writing to the
licensee concerned; such general or special directions with
respect to the matters aforesaid, or any of them, as he thinks
expedient for the welfare of the children in the home.
(2) A direction under this section-
(a) may be served on the licensee concerned by being
delivered personally to him, or by being sent, by post
or otherwise, in a letter addressed to him at the home;
and
(b) may be varied by a subsequent direction, or may be
withdrawn by the Minister,
Order to 57.-(1) Subsection (2) shall apply in any case where the
remove child
from home. Minister-
(a) in exercise of the powers conferred on him by section
49, has cancelled or suspended a licence or has refused
to renew a licence; or
(b) has reasonable grounds for believing that--
(i) any home is maintained in contravention of
any of the provisions of this Part, any of the
terms and conditions of a licence or of any
direction given by the Minister thereunder;
or
(ii) that any child is being maltreated, neglected or
illegally detained in any home.
(2) Any person authorized by the Minister in that behalf
may apply to a Resident Magistrate for an order-
(a) directing the Minister to remove any child from such
home to a place of safety to be specified in the order;
and
(b) making any necessary arrangements for the future of
the child.
required to attend at the court before which the case is heard or offence, etc.
determined during all the stages of the proceedings, ~mlessthe
court is satisfied that it would be unreasonable to require his
attendance.
(2) Where a child is arrested or taken to a juvenile
remand centre, the officer or sub-officer of police in charge of
the police station in the district of the court before which the
child will appear shall cause the parent or guardian of that child,
if he can be found, to be warned to attend court.
(3) For the purpose of enforcing the attendance of a
parent or guardian and enabling him to take part in the
proceedings and enabling orders to be made against him, a
summons may be issued and served on him requiring adtendance
before the court; and the provisions of the Justices of the Peace
Jurisdiction Act shall, with the necessary adaptations and
modifications, apply to the procedure on such summons.
(4) The parent or guardian whose attendance is required
under this section shall be the parent or guardian having the
actual possession and control of the child:
-
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CHILD CARE AND PROTECTION
dealing with
76.-(1) Where a child has been found guilty of any offence
childoffen- before a Children's Court, that court may, subject to the
ders. provisions of this Act, make an order-
the same parish or place as the court that made the order, and
such Children's Court may, on such application, make such
order, subject to the provisions of this Act, in relation to the
child as it considers necessary in the interests of the welfare of
the child.
83. No person shall be committed to any juvenile correctional committal to
centre after it has ceased to be such a centre under the
Corrections Act. which has
ceased to be
a juvenile
correctional
centre.
Representatives, such emoluments being not less than the emoluments which
may, from time to time, be payable to a Puisne Judge.
(2) The emoluments and terms and conditions of service of the
Children's Advocate, other than allowances that are not taken into account in
computing pensions, shall not be altered to his disadvantage during the
period of his appointment or reappointment, as the case may be.
(3) The emoluments for the time being payable to the Children's
Advocate under this Act shall be charged on and paid out of the Consolidated
Fund.
7. The provisions of Appendix A shall have effect with respect to the Pensions.
pension and other benefits to be paid to or in respect of a person who has held
office as Children's Advocate. A.
z;pendix
8.-41) The Children's Advocate may appoint and employ for the Appoint-
purposes of this Act, at such remuneration and on such terms and conditions Of $
:
as may be approved by the Commission constituted under sub-paragraph (2),
such officers and agents as may be considered necessary to assist him in the
proper performance of his functions under this Act.
(2) The Commission referred to in sub-paragraph (1) shall consist
of-
( a ) the Speaker, as chairman;
(6) the President of the Senate;
(c) the person designated by the Prime Minister as Leader of
Government Business in the House of Representatives;
(d) the person designated by the Leader of the Opposition as Leader
of Opposition Business in the House of Representatives;
(e) the person designated by the Leader of the Opposition as Leader
of Opposition Business in the Senate; and
u> the Minister responsible for finance.
(3) The Governor-General may, subject to such conditions as he may
impose, approve the appointment to the staff of the Children's ,4dvocate, of
any officer in the public service, provided that in relation to pension, gratuity,
allowance and other rights as public officer, such officer shall be deemed to
be in the public service while so employed.
9. Every person appointed to the staff of the Children's Advocate shall, oath of
before he performs any function assigned to him under or by virtue of this SecRcy.
Act, take and subscribe an oath to be administered by the Children's
Advocate, in the form set out in Appendix B. Appendix
B.
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CHILD CARE AND PROTECTION
(3) For the purposes of the Defamation Act. any report made by the
Children's Advocate under this Act and any fair and accurate report thereon
shall be deemed to be privileged.
19.-(1) The Children's Advocate and every person concerned with the Secrecy of
Lnformatio"~
administration of the ofice and functions of the Children's Advocate shall
regard as secrct and confidential all documents. information and things
disclosed to them in the execution of any of the provisions of this Act. except
that no disclosure-
(a) made by the Children's Advocate or any person aforesaid in
proceedings for an offence under paragraph 23 or under the
Pejury Act. by virtue of paragraph 17(2) of this Schedule;
(h) which the Children's Advocate thinks it necessary to make in the
discharge of his functions and for the purpose of' executing the
provisions of paragraph 16 or paragraph 2 1. subject as provided in
sub-paragraph (5) thereof,
shall be deemed inconsistent with any duty imposed by this sub-paragraph.
(2) Neither the Children's Advocate nor any such person aforesaid
shall be called upon to give evidence in respect of. or produce any document,
information or thing, aforesaid in any proccedings other thim proccedings
entioned in sub-paragraph (I).
20.-(1) The accounts and financial transactions of the office of Accounts.
Children's Advocate shall be audited annually by the Auditor-General and a etC.
statement of accounts so audited shall form part of the annual report
mentioned in paragraph 2 1.
(2) The Children's Advocate shall, at such time within each year as
the Minister may direct-
Pensions Act or the Judiciary Act such pension and gratuity as the Governor-
General thinks fit not exceeding the pension and gratuity to which he would
have been entitled had he retired in pensionable circumstances from such
office and, for the purposes of sub-paragraph (6), the date of such removal
from office or retirement shall be deemed to be the date of retirement in
pensionable circumstances.
(6) Pension payable in accordance with this paragraph shall be-
(a) charged on and payable out of the Consolidated Fund; and
(6) paid monthly in arrears with effect, subject to paragraph 4, from the
date of retirement in pensionable circumstances and shall, subject
to the provisions of this Act, continue to be paid during the lifetime
of the person entitled thereto.
3. The rate of pension payable pursuant to paragraph 2 to any person shall Rate,of
be an annual rate equivalent to the sum of one-half of his pensionable pens''".
emoluments at the date of retirement and one-three hundred and sixtieth of
such pensionable emoluments in respect of each month of service as the
Children's Advocate.
4. Where in accordance with paragraph 2(3) a person retires in special
pensionable circumstances before he has attained the age of sixty-five provision
where
Children's
the date with effect from which any pension due to him under this Ad.vocate
retlres
Act shail be payable shall be the date on which he attains that age, before
but, if he elects pursuant to paragraph 5 to take a reduced pension attaining
and commuted pension gratuity, nothing in this paragraph shall agesixty-
prevent payment of the commuted gratuity at any time prior to the
attainment of that age; and
if he dies before attaining that age, and he has not made an election
to receive a reduced pension and commuted pension gratuity as
aforesaid, he shall for the purposes of paragraph 6 be deemed to
have died while holding the office of Children's Advocate.
5 . 4 1 ) Any person to whom a pension (in this paragraph referred to as Reduced
the original pension) is payable pursuant to paragraph 2 may, at his option m Pe'.",:d
,i
exercisable at his retirement in pensionable circumstances or within such
period prior or subsequent to his retirement as the Governor-General may
allow, be paid, in lieu of the original pension, a reduced pension at the rate of
three-fourths of the annual rate of the original pension together with a
gratuity (in this Act referred to as a commuted pension gratuity) equal to
twelve and one-half times one-quarter of the annual rate of the original
pension.
(2) The option referred to in sub-paragraph (1) shall be irrevocable
Appendix 5 ( P = V ~9)P ~
section 18 -
sexual intercourse with person
under sixteen years of age
seetbn 8 8 - householder inducing violation
of child
section 14 - abduction of child under
sixteen
seetion 20 - abduction of child for sexual
intercourse
(4any of the following sections of the Sexual Ofiences Act,
committed against a c h i l b
section 3 - raPe
4. The Family Court shall be the Children's Court and shall be deemed to
be duly constituted as such, at any sitting of a Family Court for the
purpose of exercising its jurisdiction in the capacity of such Children's Court
notwithstanding that it be constituted of a single Judge of a Family
Court.
1. Murder or manslaughter.
.2. .Treason.
3. Infanticide.
4. Any offence under sections 8, 13,14, 15, 16, 17, 18, 19, 20, 23, 24,
25, 29; 30, 3 1, 44, 48, 50, 51,.55, 56, 58, 59, 60, 61 or 69 of the
Offences Against the Person Act.
5. Any offence under section 37 or 43 of the Larceny Act.
6. Any f i r e m offence as defined in the Gun Court Act.
(Section 91)
To the Minister, and to all persons authorized by the said Minister, and to
theManages of the juvenile correctional centre named in the endorsement
hereon;
Whereas (i). ...............................:............................a child
was brought before the (2) Children's Court for the parish of
To the Minister and to all persons authorized by the said Minister, and to the
fit person named in the endorsement hereon willing to undertake the care of
the child.
Whereas (1) .............................................
a child was brought before
the (2) Children's Court for the parish of (3) ................................(4) as
being in need of care or protection, or by his parent or guardian as being
uncontrollable by such parent or guardian, or charged with the offence of (5);
And whereas the (4) said court, or the Children's Court for the parish of (3)
...................................................to which the matter was remitted
in accordance with the provisions of the Child Care and Protection Act,
considered it expedient and in the best interests of the welfare of the said
child to make an order committing the said child to the care of a fit person
who is willing to undertake the care of him;
These, therefore, are to command you the said Minister and all persons
authorized by the said Minister to detain the said child (2) in a place of safety
until the name of a fit person willing to undertake the care of the child is
endorsed hereon by the Minister and then to take the said child to the said fit
person and deliver him to the said fit person: and to command you, the said
fit person named in the endorsement hereon, to receive the said child into
your custody and to keep him in accordance with and until he is released
under the provisions of the Child Care and Protection Act.
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CHILD CAKE AND PROTECTION
It is hereby declared th
(1) The age of the said cluld is
(6). ..............years ...... . (6) .....
(2) his religious persuasion is (7) ...........................:
(3) a coutribution order in the sum of (8). ......, ..........a week payable
by (9). ..................being the (9).. ................ of the said child
has been made.
A record in accordance with the provisions of the Child Carc and Protection
Act is forwarded herewith.
Given under my hand this (10) .................day or.. .......................a1
(11) ..........................
in the parish of (3) .....................................
(12) ...................................
The fit person to whose care the said child shall be committed is
(13). ...........................................................................Dated this
(10). ................................ (14). ........................................
The said child shall be transferred from the care of the abovc-named fit
person to the care of (13) .................................................Dated this
............................ (14) ............................
State full namc.
Amend. if necessary.
State name of parish.
Strike out the inapplicable alt
State nature of offence.
State age and date of birth.
State religious persuasion. if ascertainable.
State amount, if contribution order made.
State name and status of person by whom contributions payable if
contribution order made.
State date.
State place.
Signature of the proper officer of the c o w .
State name of fit person willing to undertake the care of the child.
Signature of person authorized by the Minister.
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