WHAT IS THE CHILD CARE AND PROTECTION ACT?
There is a new law that makes rules about the care and protection of every Jamaican child. This new law applies to parents, teachers, day-care centre workers, doctors, nurses, guidance counselors and other persons who work with children. In fact, EVERY ADULT HAS A RESPONSIBILITY under this new law.
WHAT ARE THE MAIN PURPOSES OF THIS ACT?
To make sure that adults consider the views and best interests of children.
To put in place new organizations- like the children’s registry and the Office of the Children’s Advocate- - to monitor the care and protection of children.
To provide special help to children who are in need of care and protection.
To make sure that all children are protected from abuse or neglect.
WHAT TYPES OF ACTIVITIES WOULD BE CONSIDERED TO BE ABUSE?
Children may be abused or ill-treated in different ways. Some examples are:
Physical Abuse, e.g. beating that results in injury or harm.
Sexual abuse, e.g. touching or caressing a child in a way that is not appropriate.
Emotional Abuse, e.g. not providing for your child’s basic needs, exposing your child to danger or abandoning your child.
WHAT DOES THE ACT SAY ABOUT THE DUTIES OF A PARENT?
The Act says that parents have the main responsibility for the care and protection of children. Parental duties apply to:
- Both mother and father, whether or not they live with the child.
- Step-parents, foster parents or adoptive parents.
- Guardians or other persons charged with the raising of the child.
Some of these duties are:
- To provide children with food, clothing, shelter and healthcare ( e.g. immunization).
- To provide education by ensuring that all children between the ages of 4 and 16 are registered and attending school.
- To provide maintenance or financial support for children.
- To protect children from abuse, neglect and harm.
HOW DO I KNOW WHEN A CHILD IS IN NEED OF CARE AND PROTECTION?
The Act gives some examples which include:
- The child who has no parent or guardian.
- The child who is exposed to moral danger or bad company.
- The child whose physical or mental health is in danger.
- The child who is destitute or living in extreme poverty.
- The child who is living, wandering or begging on the streets.
WHAT OTHER DUTIES DO ADULTS HAVE UNDER THE ACT?
Every adult has one main duty under the Act.: To make a report if they know or suspect that a child is being abused or is in need of care and protection. This duty to report applies:
- Whether you are certain or only suspicious.
- Whether the abuse has happened, is happening or is likely to happen.
The Act also lists some things that adults must NOT do with children:
- Do NOT sell or give drugs, cigarettes or alcohol ( e.g beer or rum) to a child.
- Do NOT allow a child to work or go into a nightclub.
- Do NOT employ a child younger than 15 years old, unless the work does not affect the child’s health or education. Children under 13 should not be employed at all.
- Do NOT use a child to do anything immoral or illegal.
SOME PENALTIES UNDER THE ACT:
Neglecting your child can result in maximum sentence of three years. Other types of abuse will attract higher sentences, based on the level of harm done to the child.
Failing to report if you know or suspect that a child is abused or is in nedd of care and protection can result in a sentence of six months in prison or a fine of $500,000.
The maximum sentence for incest (having sex with your daughter, granddaughter or similar relative) has been increased to 16 years imprisonment.
Hiring a child to work in a night club attracts a penalty of $1,000,000.00 and the risk of having the club closed by the authorities.
Parents who harm their children may be prevented from living with their children.
In the last 4 years, 77 children have been seriously injuried or killed in household fires. Almost all of the children who died were 5 years old or younger.
If you leave your child at home alone and they get injured you could be imprisoned for up to three years for neglect, or face more serious charges such as manslaughter.
The Child Care and Protection Act
ACT RIGHT
Love, Honour & Protect Our Children
A New Dawn in the Care & Protection of Jamaica’s Children
Introduction and Background
The landmark Child Care and Protection Act ( CCPA) received final approval by Jamiaca’s Parliament on March 11, 2004 and was signed into law by the Governor General on March 25,2004.
The enactment of the CCPA was a definitive move to strengthen the legislative framework for the care and protection of the country’s children in keeping with the nation’s commitment under the International Convention on the Rights of the Child.
Jamaica participated in the World Summit for Children in 1990, and in May 1991, became a signatory to the International Convention on the Rights of the Child, a pledge to put in place the necessary national policy and legislative structures, to improve the status and condition of the nation’s children, many of whom face abuse, neglect and abandonment. It was also a promise by the Government to create an empowering and nurturing environment for the development of its children into well adjusted and fulfilled citizens, capable of contributing positively to nation building.
Strategic Partnerships
The passage OF THE Child Care and Protection Act is also the culmination of years of strategic planning and collaboration among Government, non-governmental organizations (NGOS) and international bodies, to formulate enabling policies locally, for children. Among the s=achievements during the period, were:
•The submission in 1993, of the Government of Jamaica’s first report to the United Nations, on efforts to implement the Convention, and an alternative submission by the Jamaica Coalition on the Rights of the Child (JCRC)
•The crafting of a National Plan of Action for Children.
•The formulation of a National Policy for Children (1997) with financial and technical assistance from the United Nations Children’s Fund (UNICEF).
•The establishment of a taskforce and monitoring committee, headed by the Ministry of Health’s Child Support Unit now subsumed under the Child Development Agency (CDA).
•Public education efforts that significantly heightened the awareness of child rights among the Jamaican population.
The Act is an important achievement for the Government of Jamaica and its lead Ministry, the Ministry of Health, along with UNICEF, the JCRC; the Environmental Foundation of Jamaica; the Council of Voluntary Social Services ( CVSS); Youth Opportunities Unlimited; the Jamaica Bar Association; the UWI, Department of Sociology and Social Work, and several other government, non-governmental, International organizations and civil society groups which have worked tirelessly to bring the Act into being. While it is the end of a long process, the enactment of the legislation is a signal of a new commitment to implementing the Act, and to build on the progress of improving the lives of Jamaica’s children.
Strengthen the Mechanisms for the Care and Protection of Jamaica’s Children.
What is the Child Care and Protection Act?
The Child Care and Protection Act strengthens the care and protection of children by introducing new standards for their treatment while removing the fragmentation of legislation relating to their welfare. It brings under one umbrella, measures concerning children previously embedded in the Juvenile Act (which was effectively repealed with the enactment of the CCPA), as well as provisions in over 20 other laws. It also draws on provisions applicable to children under the Offences of the Person Act.
Main Provisions
•The Child Care and Protection Act makes provisions for:
•The establishment of an Office of Children’s Advocate to act in legal matters on behalf of children.
•The establishment of a central Children’s Registry for the reporting of abuse of children.
•Formulation of standard principles to be upheld in dealing with matters affecting children. The standards are founded on the tenets of the International Convention on the Rights of the Child.
•Parental responsibility and government support for the welfare of children.
•Community responsibility for the reporting of abuses against children.
•Increased penalties for violations of the of the rights of children and other offences under the Act.
Who Does The Law Protect?
Under Jamaican La, a child is referred to us as any person 0-18 years. The CCPA providesprotection for any person who falls into that age group, giving attention to special categories of children such as “Children in Need of Care and Protection”, “ Children in Conflict with the Law” and “ Children afflicted with Diasabilities”. The CCPA also protects children living with HIV/AIDS Management in Schools
•Children in Need of Care and Protection are children who are in danger of being, or have been abandoned, neglected or abused.
•Children in conflict with the law are children who have committed offences and are brought before the Court.
The Standard for the Care and Protection of Children
The Convention on the Rights of the Child and the CCPA
The Child Care and Protection Act recognizes and enforces the survival, protection, participation and development rights of Jamaica’s children the Convention on the Rights of the Child. The 40 articles of the Convention, state, among other things, that children have rights to basic health care, protection from abuse and neglect, rights to education, leisure and cultural activities, as well as civil rights and freedoms such as self expression, a name,
In keeping with the Convention, the Act:
•Embraces the conceptof the “Best interest of the Child”
–The safety of the child;
–The child’s physical and emotional needs and level of development;
–The importance of continuity in the child’s care, the child’s religion among other factors.
•Recognises the Importance of the Family Unit
The family is recognized as the main agent of socialization for children:
–Assistance given by the State to parents to care for their children should support the autonomy and integrity of the family unit, and whatever possible be provided by mutual consent, among other stipulations.
•Addresses Issues Related to Children in need of Care and Protection
The Police is mandated to bring a child who has been removed to a Place of Safety before the Children’s Court or a Resident Magistrate , within 48 hours.
• Recognizes the Special needs of Children in Conflict wit the Law
Children who are in conflict with the law and held by the Police in a Police Station or or penal facilities, must be separated from adults.
If a child cannot be immediately brought before the Court, the police officer in charge of the station must inform the government agency responsible for the children, that child is in custody.
The necessary steps must be taken to ensure that bail is granted to the child under the Bail Act.
Violations and Penalties under the Act
The Act Identifies Violations against children and Prescribes Significantly In creased Penalities for Offence
Offences against children include:
Physical abuse, Ill treatment and Emotional Abuse
Sexual/ Carnal abuse
Child labour
Offences Against the Person such as Aggravated Assault and Murder
Failure to report suspected abuse
Administrative Offences (unauthorized disclosure of reports)
Violation of terms of licence of children’s homes and other in stitutions.
The Act significantly increase penalties for offences. For example the maximum penalty fro cruelty to children has been increased from $50 to $1 million in certain courts. Significant penalties are now imposed for failure to report suspected cases of abuse, neglect or abandonment of children. For the first time, offences such as the trafficking of children are enshrined in the law. The Act also makes it mandatory for any person who suspects child is being abused, to report it to the appropriate authorities, or face stiff penalties.
The Court is mandated to refer a case in which a child victim is in need of legal representation to the Children’s Adocate or grant a Legal Aid Certificate.
CRUELTY & NEGLECT
Cruelty to children attracts a $1 million dollar fine or 12 months in prison.
SERIOUS OFFENCES (carnal abuse & murder)
Serious offences against children attract harsh penalties similar to those under the offences Against the Person Act Including Capital and Non Capital punishment.
CHILD LABOUR
The penalty for employing children contrary to the Act, attract fines of up to $500,000 or six months imprisonment at hard labour.
MANDATORY REPORTING
The maximium penalty for nort making a report regarding suspected case of abuse or neglect is $500,000, or 6 months imprisonment
The report must be made without delay
The person making the report cannot be sued
Knowingly making a false report attracts a maximum penalty of $250,000 or three months imprisonment
OPERATING PRIVATE & GOVERNMENT HOMES
Violating the terms of a private children’s home licence attracts a maximum fine of $500,000or six months imprisonment or both.
The penalty for not allowing inspections of a private facility is a fine of $250,000 or three months imprisonment in default of payment.
PUBLISHING THE IDENTITY OF A CHILD
It is an offence to publish a report of any Children’s court proceedings which reveals details such as name, address, school or picture leading to the identification of a child who is a victim, the subject of dispute before the court, a witness or the accused, unless the Court orders that this may be done. Violation of this provision, attracks a maximum penalty of $1 million or 12 months imprisonment.
OPERATIONS OF THE CHILDREN’S REGISTRY
When a report is made to the Children’s Registry, the Registrar is bound by law to assess the information or face penalties of up t0 $250,000 or three months imprisonment.
“IT TAKES A VILLAGE”
Every Member of Society has a Responsibility
A West African retention, Jamaica has always had a strong tradition of the community and extended family playing an integral role in child rearing.
The Child Care Protction Act has embraced the concept of the “Village Raising the Child” as one of its key principles, by making it incumbent on every member of society to protect children. The Act emphasizes that the duty to protect children, not only rests with the family, but is a shared responsibility of all members of society.
The Act outlines the specific role and function of key players in society in protecting and caring for children such as:
- The Family
- Fit Persons
- Government Officials
- The Police
- The Community
- The Court
- The Media
- The Children’s Registry
- The Justices of the Peace
- The Children’s Advocate
- Private Children’s Homes
- Children’s Officers
- Places of Safety
- Probation and After Care Officers
- Prescribed Persons
THE ROLE AND FUNCTION OF KEY GROUPS IN THE CARE AND PROTECTION OF CHILDREN UNDER THE ACT
Family
(Biological, step and adoptive parents, other relatives & guardians) The family has a duty to:
- •Provide care- the basic survival needs such as food, clothing and shelter.
- •Provide an education.
- •Prevent abuses in all forms (physical, sexual, emotional).
- •Report suspected cases of abuse against children.
- •Prevent child labour.
- •Seek assistance from the State if needed.
Fit Person
(A person in whose care a child is entrusted by the Court)
A Fit Person Order is granted by the Court in relation to a child in need of Care and Protection. the role of the Fit Person is to is similar to that of a child’s parent or guardian in respect of maintainance.
The Community & General Public Members of the Community have a duty to:
- •Prevent abuse.
- •Report suspected cases of abuse.
- •Prevent child labour.
The Police
The police play a key role as it related to both Children in Need of Care and Protection and Children in Conflict with the law. It is the duty of the Police to:
- •Receive complaints.
- •Investigate allegations of abuse against children.
- •Make arrests if necessary.
- •Make referrals to support services.
- •Ensure that a child is brought before the Court within 48 hours of being taken to a place of safety.
- •Participate in Court cases.
Children’s Officer, Probation and After-Care Officer
These Officer’s among other things:
- •Initiate the process of having a warrant issued by a JP to search for a Child in Need of Care and Protection
- •Take a Child in Need of Care and Protection to a Place of Safety and carry out the necessary follow up.
The Media
The media have a special responsibility to:
Protect the privacy of children who are involve in Court proceedings as either a victim, witness or accused, by not revealing details such as name, address, school or photo leading to the identification of the child.
The Children’s Registry
Receives information on suspected cases of children in danger of being abandoned, neglected, physically and sexually ill-treated or who are otherwise in need of care and protection.
The Children’s Advocate
- Represent Children in Court.
- Brings non criminal Court proceedings concerning the rights or the best interest of children.
- •Reviews the laws relating to child rights as well as services provided for children provided by relevant authorities.
- •Receives and conducts investigations into complaints made by or on behalf of a child whose rights have been infringed including those who are inmates and detainees of Government institutions.
- •Provides financial assistance to children making complaints and maintains proper records of the complaints received without revealing details of the child involved.
- •Gives advice and makes recommendations to Parliament , Ministers and the relevant authorities relating to the rights and the best interest of the child.
Operators of Private & Government Licensed Children’s Homes
Operators must:
- •Comply with the terms and conditions of the three year licence to operate the home including allowing for inspections by the relevant authorities.
- •Act in the best interest of every child in the home including ensuring that they are treated humanely, receive suitable health care , education, and all their rights are protected.
- •Provide the Minister with written notification of every child received into the home within 48 hours, seven days notice of his/her removal and other relevant updates as required by the Act.
Places of Safety
Administrators and Staff of Places of Safety are required to:
- •Ensure that a child brought to a Place of Safety is taken before the Court.
- •Recognize, respect, protect and ensure the rights that the Act guarantees to children in care.
- •Forward to the Children’s Advocate any complaint made by any child.
Government Agencies
Responsible for Children These agencies among other functions, have a duty to:
- •Investigate reports referred by the Children’s Registry, and if necessary arrange for the child in question to be brought before a Court as a Child in Need of Care and Protection.
- •Receive contributions paid towards the maintenance of a child in care of a Fit Person and apply for money for the benefit of the child.
For further information on the care & protection of children, consult:
•The Child Care and Protection Act 2004, Implemantation Handbook (UNICEF, MOH, PIOJ)
•From Rights to Action! A Guide to the implementation of the Convention of the Rights of the Child ( Jamaica Coalition on the Rights of the Child)
•Rights and Responsibilites, A Guide to Parents, (JCRC)
•The A- Z Manual, Children Remanded in Custody ( Child Development Agency , MOH)
•National Policy for HIV/AIDS Management in Schools (Ministry of Education and Culture).
