Children Act 1998
CHILDREN ACT 1998
1
BERMUDA
1998 : 38
CHILDREN ACT 1998
[Date of Assent 17 July 1998]
[Operative Date 1 January 2000]
ARRANGEMENT OF SECTIONS
PART I
INTERPRETATION AND
INTRODUCTORY PROVISIONS
1 Citation
2 Interpretation
3 Meaning of significant
harm
4 Meaning of parental
responsibility
5 Purposes of the Act
6 Welfare principle
7 Delay
PART II
ADMINISTRATION
8 Responsibilities of
Minister
9 Responsibilities of
Director
10 Children's officers
11 Disclosure of information
12 Child Care Placement
Board
13 Family Court
14 Decision to make order
15 Attendance of parent at
court
16 Sittings of the court
17 Exclusion of the public
18 Appeals
PART III
ABUSE OF CHILDREN
19 Mistreatment, abandon-
ment etc of child
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20 Mandatory reporting of
child abuse
21 Child Abuse Register
22 Notice of entry in Register
23 Confidentiality of
information in Register
PART IV
CARE AND SUPERVISION
24 Court orders, relevant
factors
25 Care and supervision
orders
26 Timely disposal of
applications
27 Effect of care order
28 Parental contact with
children in care
29 Supervision orders
30 Powers of the court in
family proceedings
31 Plan of care for child
32 Interim orders
33 Discharge and variation of
care orders and
supervision orders
34 Orders pending appeals in
cases about care or
supervision orders
35 Representation of child
and his interests in
certain proceedings
36 Right of litigation
guardian to have access
to Director's records
PART V
PROTECTION OF CHILDREN
37 Child assessment orders
38 Protective intervention
order
39 Emergency protection
orders
40 Duration of emergency
protection order and other
supplemental provisions
41 Power of police officer to
detain child
42 Duty of Director to
investigate
43 Powers to assist in
discovery of children who
may be in need of
emergency protection
44 Abduction of children in
care etc
45 Recovery of abducted
children etc
PART VI
REGISTERED CHILDREN'S
HOMES
46 Registered Children's
Homes
47 Welfare of children in
children's home
48 Inspection etc of
registered children's
homes
49 Persons disqualified from
carrying on, or being
employed in, children's
homes
PART VII
RESIDENTIAL HOMES
50 Residential homes
51 Secure treatment order
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52 Transfer from residential
home to senior training
school
PART VIII
FOSTER CARE
53 Definitions
54 Registration of foster
parents and licensing of
foster homes
55 Persons prohibited from
being foster parents
56 Limits on number of
foster children
57 Effect of exceeding
fostering limits
58 Complaints etc.
59 Insurable interest
60 Duties of the Director to
inspect foster homes
61 Death of a foster child
62 Court may order refund of
consideration
63 Offences
64 Appeals
PART IX
DAY CARE
65 Definitions
66 Application
67 Administration
68 Licence
69 Renewal of licence
70 Cancellation, suspension
or refusal of licence
71 Alteration of day care
centre
72 Advertising
73 Inspection and power of
entry
74 Order for closure
75 Records, returns and
reports
76 Registration of child care
providers
77 Offences
78 Appeals
79 Regulations
80 Revocation and
transitional
PART X
GENERAL
81 Contributions orders
82 Orders for financial relief
for persons over 18 years
83 Effect and duration of
orders
84 Removal of child from
Bermuda
85 Prohibition on publication
86 Regulations
87 Transitional matters
88 Repeals
89 Consequential
amendments
90 Commencement
WHEREAS it is expedient to make new provision for the care and
protection of children; to provide for mandatory reporting of child abuse;
to revise the law governing foster care and day care; and to make
supplementary provision for those purposes:
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Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
PART I
INTERPRETATION AND INTRODUCTORY PROVISIONS
Citation
1 This Act may be cited as the Children Act 1998.
Interpretation
2 In this Act, unless the context otherwise requires—
"Board" means the Child Care Placement Board established
under section 12;
"care order" means an order under section 25 and includes an
interim care order made under section 32;
"child" means, except in Part IX, a person who is under the age
of 18 years;
"child assessment order" means an order made under section
37;
"children's home" means a home which, whether or not for
reward, provides care and accommodation for more than
three children at any one time, but does not include a home
in which a child is cared for by a parent, relative or person
who has parental responsibility for him;
"children's officer" means a person designated as a children's
officer under section 10;
"contribution order" means an order made under section 81;
"court" means the Family Court and, where the context so
requires, includes the Magistrates' Court and the Supreme
Court;
"custody order" means an order relating to the custody of, or
access to, a child;
"Director" means the Director of Child and Family Services;
"emergency protection order" means an order made under
section 39;
"family proceedings" means proceedings in relation to a child—
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(a) under the inherent jurisdiction of the Supreme
Court;
(b) under Part IV of this Act;
(c) under the following enactments—
(i) the Matrimonial Causes Act 1974;
(ii) the Matrimonial Proceedings (Magistrates
Court) Act 1974;
(iii)the Adoption of Children Act 1963;
(iv)the Domestic Violence (Protection Orders)
Act 1997;
(v) the Affiliation Act 1976;
"ill-treatment" includes sexual abuse and forms of ill-treatment
which are not physical;
"the Minister" means the Minister for the time being responsible
for child and family services;
"operate" includes to conduct, manage or maintain;
"parent" includes a step-parent and a guardian;
"public holiday" means a day declared to be a public holiday
under the Public Holidays Act 1947;
"record" includes a record stored by use of a computer;
"registered children's home" means a children's home registered
under section 46;
"residential home" means a facility operated by the Minister or a
person or organization approved by the Minister that provides
a programme of residential care for children of twelve years or
older including assessment, treatment and secure
accommodation;
"supervision order" means an order made under section 25(1)(b)
and includes an interim supervision order made under
section 32;
Meaning of significant harm
3 For the purpose of this Act "significant harm", in relation to a
child, means ill-treatment or impairment of health or development of a
child and includes circumstances where—
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(a) the child has suffered physical harm inflicted by a
parent of the child or caused by the failure of a parent to
supervise and protect the child adequately;
(b) there is a substantial risk that the child will suffer
physical harm inflicted or caused as described in
paragraph (a);
(c) the child has been sexually abused by a parent of the
child or by another person where the parent of the child
knows or should know of the possibility of sexual abuse
and fails to protect the child;
(d) there is a substantial risk that the child will be sexually
abused as described in paragraph (c);
(e) the child requires medical treatment to cure, prevent or
alleviate physical harm or suffering, and the child's
parent does not provide, or refuses or is unavailable or
unable to consent to, services or treatment to remedy or
alleviate the harm;
(f) the child has suffered emotional harm demonstrated by
severe anxiety, depression, withdrawal, or self-
destructive or aggressive behaviour and the child's
parent does not provide, or refuses or is unavailable or
unable to consent to, services or treatment to remedy or
alleviate the harm;
(g) there is a substantial risk that the child will suffer
emotional harm of the kind described in paragraph (f)
and the parent does not provide, or refuses or is
unavailable or unable to consent to, services or
treatment to remedy or alleviate the harm;
(h) the child suffers from a mental, emotional or
developmental condition that, if not remedied, could
seriously impair the child's development and the child's
parent does not provide, or refuses or is unavailable or
unable to consent to, services or treatment to remedy or
alleviate the condition;
(i) the child has suffered physical or emotional harm
caused by being exposed to repeated domestic violence
by or towards a parent of the child, and the child's
parent fails or refuses to obtain services or treatment to
remedy or alleviate the violence;
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(j) the child has suffered physical or emotional harm
caused by chronic and serious neglect by a parent of the
child, and the parent does not provide, or refuses or is
unavailable or unable to consent to, services or
treatment to remedy or alleviate the harm;
(k) there is a substantial risk of physical, mental or
emotional harm to the child by reason of neglect or the
failure of the parent or person having parental
responsibility to provide adequate food, clothing, medical
treatment or accommodation for the child, and a person
who leaves a child of tender years unattended for an
unreasonable length of time without making reasonable
provision for the child's safety and supervision shall be
deemed to have neglected the child;
(l) there is substantial risk of physical, mental or emotional
harm to the child by reason of substance abuse or other
injurious behaviour by the parent or person having
parental responsibility;
(m)the child has displayed violent behaviour and threatens
to become a danger to himself or others or is otherwise
beyond parental control;
(n) the child has been abandoned, the child's only parent
has died or is unavailable to exercise custodial rights
over the child and has not made adequate provision for
the child's care and custody, or the child is in the care of
another person and the parent of the child refuses or is
unable or unwilling to resume the child's care and
custody;
(o) the child has been the victim of an offence under section
19 or an offence referred to in sub-paragraphs (ii) to (vii)
of section 55(1)(a);
(p) the child is by reason of his environment or associations
exposed to moral danger; or
(q) the child is pregnant and refuses or is unable to provide
properly and adequately for the health and welfare needs
of her child in the womb.
Meaning of parental responsibility
4 (1) For the purpose of this Act "parental responsibility" means
all the rights, duties, powers, responsibilities and authority which by law
a parent of a child has in relation to the child and his property.
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(2) A person who—
(a) does not have parental responsibility for a particular
child; but
(b) has care and control of the child,
may, subject to the provisions of this Act, do what is reasonable in all the
circumstances of the case for the purpose of safeguarding or promoting
the child's welfare.
Purposes of the Act
5 The purposes of this Act are to protect children from harm, to
promote the integrity of the family and to ensure the welfare of children.
Welfare principle
6 In the administration and interpretation of this Act the welfare of
the child shall be the paramount consideration.
Delay
7 In any proceedings under Part IV (care and supervision) or Part
V (protection of children), the court shall have regard to the fact that any
delay in determining any question with respect to the upbringing of a
child is likely to prejudice the welfare of the child.
PART II
ADMINISTRATION
Responsibilities of Minister
8 The Minister has responsibility for the general supervision of the
administration of this Act and the regulations and may give such
directions as he considers necessary in the public interest.
Responsibilities of Director
9 (1) The Director of Child and Family Services shall—
(a) arrange for the investigation of any allegation or report
that a child may be in need of protection, care or
supervision and, where necessary, arrange for the
delivery of child care services for the benefit of the child;
(b) when a child is in the care of the Director—
(i) provide accommodation for him; and
(ii) maintain him,
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and may discharge those responsibilities by—
(iii) placing him with a family member, a relative of
his or a fit person on such terms as the Director
may determine;
(iv) maintaining him in a licensed foster home, a
registered children's home or a residential home;
or
(v) making such other arrangements as the Director
considers appropriate for him to live with—
(A) his parent;
(B) a person who is not his parent but has
parental responsibility for him;
(C) a person who had custody of him before
the care order was made; or
(D) a relative, friend or other person
connected with him;
(c) advise the Minister on matters relating to child welfare;
(d) register children's homes;
(e) direct and supervise the inspection of the operations and
records of any facility or other place where a child is
placed.
(2) The Director may delegate to a children's officer the exercise
of any functions conferred on the Director by this Act.
(3) The Director, a children's officer or any person authorized
by the Director may appear and be heard in any court in respect of any
matter arising under this Act and may intervene in proceedings
instituted by any other person.
Children's officers
10 The Minister may designate public officers as children's officers.
Disclosure of information
11 (1) No children's officer or person employed in the
administration of this Act shall communicate or allow to be
communicated information obtained in the performance of his duties
under this Act except where—
(a) giving evidence in any court; or
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(b) authorized by the Director or the Minister.
(2) Any person who contravenes subsection (1) is guilty of an
offence and is liable on summary conviction to a fine not exceeding
$2000.
Child Care Placement Board
12 (1) There is established a Child Care Placement Board which,
subject to this Act, shall be responsible for—
(a) advising the Minister on matters related to the care of
children and, in particular, the placement of children in
children's homes, in foster-care and in residential
homes;
(b) encouraging and fostering community interest and
involvement in child care issues;
(c) monitoring the progress of, and acting as an advocate
for, children in care.
(2) The Board shall consist of a Chairman, a Deputy Chairman
and not less than 7 other persons appointed by the Minister in writing.
(3) Every member of the Board shall hold office for such period
not exceeding three years as may be specified in the instrument of
appointment and, on the initial formation of the Board, the appointments
shall be staggered to establish a rotation.
(4) A member whose term has expired may be re-appointed.
(5) The Minister may refer to the Board any matter relating to
residential child care and foster care and the Board shall enquire into
and report to the Minister upon any matter so referred.
(6) The Board shall make an annual report to the Minister on
the state of children in care in Bermuda and such report shall be laid by
the Minister before both Houses of the Legislature and may be published
in such manner as the Minister may, after consultation with the Board,
determine.
(7) The quorum of the Board shall be such number as the
Minister may fix being not less than one-half of the total number of
members of the Board.
(8) Fees shall be paid to the members of the Board in
accordance with the Government Authorities (Fees) Act 1971.
(9) Subject to this section, the Board may regulate its own
procedure.
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Family Court
13 The jurisdiction conferred upon the court by or under this Act
shall be exercised by a Special Court established under section 12 of the
Magistrates Act 1948, and a Special Court when sitting to exercise such
jurisdiction shall be known as the Family Court.
Decision to make order
14 (1) Where the court is considering whether or not to make one
or more orders under this Act, it shall not make an order unless it
considers that doing so would better promote the welfare of the child
than making no order at all.
Attendance of parent at court
15 (1) Where under this Act a child is brought before the court,
the parents of the child shall attend at the court during all stages of the
proceedings unless the court is satisfied that it would be unreasonable to
require their attendance.
(2) The court, for the purpose of enforcing the attendance of a
parent, has the same powers as a court of summary jurisdiction to
enforce the attendance of witnesses.
Sittings of the court
16 In the exercise of the jurisdiction conferred upon it by this Act
the court shall, as far as practicable, sit in a different building or room
from that in which sittings of courts other than the Family Court are
held.
Exclusion of the public
17 Except by leave of the court no person shall be present at any
sitting of the court other than the parties to the case, their counsel and
other persons directly concerned in the case.
Appeals
18 Any child or other person aggrieved by any order made under
this Act may appeal from the order to the Supreme Court in the manner
and subject to the conditions provided by the Criminal Appeal Act 1952
as though the order appealed against were an order made on a
conviction by a court of summary jurisdiction.
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PART III
ABUSE OF CHILDREN
Mistreatment, abandonment etc of child
19 Any person who, having the care and control of, or parental
responsibility for, any child, wilfully abuses, mistreats, neglects, deserts
or abandons the child or causes or procures the child to be abused, ill-
treated, neglected, deserted or abandoned is guilty of an offence and is
liable on summary conviction to a fine not exceeding $3,000 or
imprisonment for a term not exceeding 6 months.
Mandatory reporting of child abuse
20 (1) Every person who has information indicating that a child is
suffering or has suffered significant harm, shall forthwith report that
information to the Director.
(2) Notwithstanding subsection (1) or any statutory provision, a
person who performs professional or official duties with respect to a
child, including—
(a) a physician, nurse, dentist, pharmacist, psychologist or
other health care professional;
(b) a school principal, teacher, counsellor, social worker,
youth or recreational leader, member of the clergy or
child care worker; or
(c) a police officer, probation officer or youth care worker,
who, in the course of that person's professional or official duties, has
reasonable grounds to suspect that a child is suffering or has suffered
significant harm, shall forthwith report the suspicion to the Director
together with the information upon which it is based.
(3) Subsections (1) and (2) apply whether or not the
information is confidential or privileged except that nothing in this
section shall be taken to affect or abrogate the privilege that attaches to a
communication between a solicitor and his client.
(4) No civil action lies against a person by reason of that person
reporting information pursuant to subsection (1) or (2) unless the
reporting of that information is done falsely and maliciously.
(5) Every person who—
(a) contravenes subsection (2) or (6); or
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(b) falsely and maliciously reports information to the
Director indicating that a child is suffering significant
harm or is suspected thereof,
is guilty of an offence and is liable on summary conviction to a fine not
exceeding $3,000 or imprisonment for a term not exceeding 6 months.
(6) No person shall reveal or be compelled to reveal the identity
of a person who has reported information to the Director pursuant to
subsection (1) or (2).
(7) On receiving a report pursuant to subsection (1) or (2) the
Director shall—
(a) cause an investigation to be made into the
circumstances of the case;
(b) arrange for the provision of such child care services as
he considers necessary; and
(c) make application for such order under this Act as he
considers appropriate.
Child Abuse Register
21 (1) The Minister shall establish and maintain a Child Abuse
Register ("the Register").
(2) The Minister shall enter the name of a person and such
information as the Minister may determine in the Register where—
(a) the court finds that a child has suffered significant harm
at the hand of that person in circumstances where the
child—
(i) has suffered physical harm, inflicted by the
person or caused by the person's failure to
supervise and protect the child adequately;
(ii) has been sexually abused by the person or by
another person where the person having the
care of the child knows or should know of the
possibility of sexual abuse and fails to protect
the child; or
(iii) has suffered serious emotional harm,
demonstrated by severe anxiety, depression,
withdrawal, or self-destructive or aggressive
behaviour, caused by the intentional conduct of
the person; or
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(b) that person is convicted of an offence against a child
pursuant to the Criminal Code as set out in sub-
paragraphs (ii) to (vii) of section 55(1)(a).
Notice of entry in Register
22 (1) A person whose name is entered in the Register shall be
given written notice of registration.
(2) A person whose name is entered on the Register may apply
to the court at any time to have his name removed from the Register and,
if the court is satisfied by him that he no longer poses a risk to children,
the court shall order that his name be removed from the Register.
(3) Any person aggrieved by a decision of the court pursuant to
subsection (2) may appeal to the Supreme Court and the hearing shall be
held in chambers.
Confidentiality of information in Register
23 (1) The information in the Register is confidential and shall be
available only as provided in this section.
(2) A person whose name is entered in the Register is entitled
to inspect the information relating to him entered in the Register.
(3) With the approval of the Minister, the information in the
Register may be—
(a) disclosed to any authority for the purpose of
investigating whether a child is in need of care or
supervision; or
(b) used for the purposes of research.
(4) Upon the receipt of a request in writing from a person and
with the written consent of the person to whom the request relates, the
Minister may disclose information in the Register concerning—
(a) a person applying to adopt a child or to be a foster
parent; or
(b) a person, including a volunteer, who is or would be
caring for or working with children,
and the person who receives the information shall treat the information
as confidential.
(5) Every person who contravenes subsection (4) and every
director, officer or employee of a corporation who authorizes, permits or
concurs in such a contravention by the corporation is guilty of an offence
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and upon summary conviction is liable to a fine of not more than $5,000
or to imprisonment for a period not exceeding one year.
PART IV
CARE AND SUPERVISION
Court orders, relevant factors
24 In making, varying or discharging an order under this Part, the
court shall have regard in particular to—
(a) the ascertainable wishes and feelings of the child
concerned (considered in the light of his age and
understanding);
(b) his physical, emotional and educational needs;
(c) the likely effect on him of any change in circumstances;
(d) his age, sex, background and any characteristics of his
which the court considers relevant;
(e) any harm which he has suffered or is at risk of suffering;
(f) how capable each of his parents, and any other person
in relation to whom the court considers the question to
be relevant, is of meeting his needs;
(g) the importance of the child's development of a positive
relationship with the parent and a secure place as a
member of a family;
(h) the child's relationships with relatives;
(i) the importance of continuity in the child's care and the
possible effect on the child of the disruption of that
continuity;
(j) the bonding that exists between the child and the child's
parent;
(k) the range of powers available to the court under this Act
in the proceedings in question;
Care and supervision orders
25 (1) On the application of the Director, the court may make an
order—
(a) placing the child with respect to whom the application is
made in the care of the Director; or
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(b) putting him under the supervision of the Director or a
probation officer.
(2) The court may only make a care order or supervision order
if it is satisfied—
(a) that the child concerned is suffering, or is likely to
suffer, significant harm; and
(b) that the harm, or likelihood of harm, is attributable to—
(i) the care given to the child or likely to be given to
him if the order were not made, not being what
it would be reasonable to expect a parent to give
him; or
(ii) the child's being beyond parental control.
(3) No care order or supervision order may be made with
respect to a person who has reached the age of 18 years (or 16 years, in
the case of a child who is married).
(4) An application under this section may be made on its own
or in any other family proceedings.
(5) The court may—
(a) on an application for a care order, make a supervision
order;
(b) on an application for a supervision order, make a care
order.
Timely disposal of applications
26 The court hearing an application for an order under this Part
shall—
(a) draw up a timetable with a view to disposing of the
application without delay; and
(b) give such directions as it considers appropriate for the
purpose of ensuring, so far as it is reasonably
practicable, that that timetable is adhered to.
Effect of care order
27 (1) Where a care order is made with respect to a child, it shall
be the duty of the Director to receive the child into his care and to keep
him in care while the order remains in force, and the Director may place
the child—
(a) in accommodation operated by the Minister;
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(b) in a registered children's home;
(c) in accommodation provided by a fit person; or
(d) in a residential home.
(2) Where a care order is in force with respect to a child, the
Director shall—
(a) have parental responsibility for the child; and
(b) have the power (subject to the following provisions of
this section) to determine the extent to which a parent of
the child may meet his parental responsibility for the
child.
(3) The Director may not exercise the power in subsection (2)(b)
unless he is satisfied that it is necessary to do so in order to safeguard or
promote the child's welfare.
(4) Nothing in subsection (2)(b) shall prevent a parent of the
child who has care of him from doing what is reasonable in all the
circumstances of the case for the purpose of safeguarding or promoting
his welfare.
(5) While a care order is in force with respect to a child, the
Director shall not—
(a) so far as is practicable, cause the child to be brought up
in any religious persuasion other than that in which he
would have been brought up if the order had not be
made; or
(b) have the right—
(i) to agree or refuse to agree to the making of an
adoption order;
(ii) to appoint a guardian for the child.
(6) Where a care order is in force with respect to a child, no
person shall cause the child to be known by a new name without an
order of the court.
Parental contact with children in care
28 (1) Where the child is in the care of the Director, the Director
shall (subject to the provisions of this section) allow the child reasonable
contact with—
(a) his parents;
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(b) where there is a custody order in force with respect to
the child immediately before the care order was made,
the person in whose favour the custody order was made;
and
(c) where, immediately before the care order was made, a
person had care of the child by virtue of an order made
in the exercise of the Supreme Court's inherent
jurisdiction with respect to children, that person.
(2) On an application made by the Director or the child the
court may make such order as it considers appropriate with respect to
the contact which is to be allowed between the child and any named
person.
(3) On an application made by—
(a) any person mentioned in paragraphs (a) to (c) of
subsection (1); or
(b) any person who has obtained the leave of the court to
make the application.
the court may make such order as it considers appropriate with respect
to the contact which is to be allowed between the child and that person.
(4) On an application made by the Director or the child, the
court may make an order authorizing the Director to refuse to allow
contact between the child and any person who is mentioned in
paragraphs (a) to (c) of subsection (1) and named in the order.
(5) When making a care order with respect to a child, or in any
family proceedings in connection with a child who is in the care of the
Director, the court may make an order under this section, even though
no application for such an order has been made with respect to the child,
it if considers that the order should be made.
(6) The Director may refuse to allow the contact that would
otherwise be required by virtue of subsection (1) or an order under this
section if—
(a) he is satisfied that it is necessary to do so in order to
safeguard or promote the child's welfare; and
(b) the refusal—
(i) is decided upon as a matter of urgency; and
(ii) lasts no more than 28 days or such longer
period as the Director may determine.
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(7) An order under this section may impose such conditions as
the court considers appropriate.
(8) The court may vary or discharge any order made under this
section on the application of the Director, the child concerned or the
person named in the order.
(9) An order under this section may be made either at the same
time as the care order itself or later.
(10) Before making a care order with respect to any child the
court shall—
(a) consider the arrangements which the Director has made,
or proposes to make, for affording any person contact
with a child to whom this section applies; and
(b) invite the parties to the proceedings to comment on
those arrangements.
Supervision orders
29 (1) Where a supervision order is in force, it is the duty of the
supervisor—
(a) to advise, assist and monitor the progress of, the super-
vised child; and
(b) to take such steps as are reasonably necessary to give
effect to the order.
(2) The First Schedule makes further provision with respect to
supervision orders.
Powers of the court in family proceedings
30 (1) Where, in any family proceedings in which a question arises
with respect to the welfare of any child, it appears to the court that it
may be appropriate for a care order to be made with respect to him, the
court may direct the Director to undertake an investigation of the child's
circumstances.
(2) Where the court gives a direction under this section the
Director shall, when undertaking the investigation, consider whether he
should—
(a) apply for a care order or for a supervision order in
respect of the child;
(b) arrange for the delivery of services or assistance for the
child and his family; or
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20
(c) take any other action with respect to the child.
(3) Where the Director undertakes an investigation under this
section, and decides not to apply for a care order or supervision order
with respect to the child concerned, he should inform the court of—
(a) his reasons for so deciding;
(b) any service or assistance which has been provided or is
intended to be provided to the child and his family; and
(c) any other action which he has taken or proposes to take
with respect to the child.
(4) The information shall be given to the court before the end of
the period of 6 weeks beginning the date of the direction, unless the
court otherwise directs.
(5) If, on the conclusion of any investigation or review under
this section, the Director decides not to apply for a care order or a
supervision order with respect to the child—
(a) he should consider whether it would be appropriate to
review the case at a later date; and
(b) if he decides that it would be, he should determine the
date on which the review is to begin.
Plan of care for child
31 (1) The court shall, before making a care order or a supervision
order, obtain and consider a plan for the child's care, prepared in writing
by the Director and including—
(a) a description of the services to be provided to remedy the
condition or situation on the basis of which the child
was found in need of care or supervision;
(b) a statement of the criteria by which the Director will
determine when his care or supervision is no longer
required;
(c) an estimate of the time required to achieve the purpose
of the Director's intervention; and
(d) where the Director proposes to remove the child from the
care of a parent—
(i) an explanation of why the child cannot be
adequately protected while in the care of the
parent and a description of any past efforts to do
so, and
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21
(ii) a statement of what efforts, if any, are planned
to maintain the child's contact with the parent.
(2) Where the court makes an order, the court shall—
(a) give a statement of the plan for the child's care that the
court is applying in its decision;
(b) give the reasons for its decision, including—
(i) a statement of the evidence on which the court
bases its decision; and
(ii) where the order has the effect of removing or
keeping the child from the care or custody of the
parent, a statement of the reasons why the child
cannot be adequately protected while in the care
or custody of the parent; and
(c) state the duration of the order.
(3) The Director shall make a report to the court, in relation to
the plan of care under subsection (1), within 6 months of the initial order
and thereafter as the court may direct.
Interim orders
32 (1) Where—
(a) in any proceedings on an application for a care order or
supervision order, the proceedings are adjourned; or
(b) the court gives a direction under section 30(1),
the court may make an interim care order or an interim supervision
order with respect to the child concerned.
(2) A court shall not make an interim care order or interim
supervision order under this section unless it is satisfied that there are
reasonable grounds for believing that the circumstances with respect to
the child are as mentioned in section 25(2).
(3) Where, in any proceedings on an application for a care
order or supervision order, a court makes a custody order with respect to
the child concerned, it shall also make an interim supervision order with
respect to him unless satisfied that his welfare will be satisfactorily
safeguarded without an interim order being made.
(4) An interim order made under or by virtue of this section
shall have effect for such period as may be specified in the order, but
shall in any event cease to have effect on whichever of the following
events first occurs—
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22
(a) the expiry of the period of 6 weeks beginning with the
date on which the order is made; or
(b) the disposal of the application.
(5) Where the court makes an interim care order, or interim
supervision order, it may give directions (if any) as it considers
appropriate with regard to the medical or psychiatric examination or
other assessment of the child and parent.
(6) A direction under subsection (5) may be to the effect that
there is to be—
(a) no such examination or assessment; or
(b) no such examination or assessment unless the court
directs otherwise.
(7) A direction under subsection (5) may be—
(a) given when the interim order is made or at any time
while it is in force; and
(b) varied at any time on the application of any party to the
proceedings in which the direction is given.
Discharge and variation of care orders and supervision orders
33 (1) A care order may be discharged by the court on the
application of—
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the Director.
(2) A supervision order may be varied or discharged by the
court on the application of—
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the Director.
(3) On the application of a person who is not entitled to apply
for the order to be discharged, but who is a person with whom the child
is living, a supervision order may be varied by the court in so far as it
imposes a requirement which affects that person.
(4) Where a care order is in force with respect to a child the
court may, on the application of any person entitled to apply for the
order to be discharged, substitute a supervision order for the care order.
CHILDREN ACT 1998
23
(5) When a court is considering whether to substitute one order
for another under subsection (4) any provision of this Act which would
otherwise require section 25(2) to be satisfied at the time when the
proposed order is substituted or made shall be disregarded.
Orders pending appeals in cases about care or supervision orders
34 (1) Where—
(a) a court dismisses an application for a care order; and
(b) at the time when the court dismisses the application, the
child concerned is the subject of an interim care order,
the court may make a care order with respect to the child to have effect
subject to such directions (if any) as the court may see fit to include in
the order.
(2) Where—
(a) a court dismisses an application for a care order, or an
application for a supervision order; and
(b) at the time when the court dismisses the application, the
child concerned is the subject of an interim supervision
order,
the court may make a supervision order with respect to the child to have
effect subject to such directions (if any) as the court may see fit to
include in the order.
(3) Where a court grants an application to discharge a care
order or supervision order, it may order that—
(a) its decision is not to have effect; or
(b) the care order, or supervision order, is to continue to
have effect but subject to such directions as the court
sees fit to include in the order.
(4) An order made under this section shall only have effect for
such period, not exceeding the appeal period, as may be specified in the
order.
(5) Where—
(a) an appeal is made against any decision of a court under
this section; or
(b) any application is made to the Supreme Court in
connection with a proposed appeal against that decision,
CHILDREN ACT 1998
24
the Supreme Court may extend the period for which the order in
question is to have effect, but not so as to extend it beyond the end of the
appeal period.
(6) In this section "the appeal period" means—
(a) where an appeal is made against the decision in
question, the period between the making of that decision
and the determination of the appeal; and
(b) otherwise, the period during which an appeal may be
made against the decision.
Representation of child and of his interests in certain proceedings
35 (1) For the purpose of any specified proceedings, the court
shall appoint a litigation guardian for the child concerned unless
satisfied that it is not necessary to do so in order to safeguard his
interests.
(2) The litigation guardian shall be under a duty to safeguard
the interests of the child.
(3) Where—
(a) the child concerned is not represented by counsel; and
(b) any of the conditions mentioned in subsection (4) is
satisfied,
the court may appoint counsel to represent him.
(4) The conditions are that—
(a) no litigation guardian has been appointed for the child;
(b) the child has sufficient understanding to instruct
counsel and wishes to do so;
(c) it appears to the court that it would be in the child's best
interests for him to be represented by counsel.
(5) Counsel appointed under or by virtue of this section shall
be appointed, and shall represent the child, in accordance with rules of
court.
(6) In this section "specified proceedings" means any
proceedings—
(a) on an application for a care order or supervision order;
CHILDREN ACT 1998
25
(b) in which the court has given a direction under section
30(1) and has made, or is considering whether to make,
an interim care order;
(c) on an application for the discharge of a care order or the
variation or discharge of a supervision order;
(d) on an application under section 33(4);
(e) in which the court is considering whether to make a
custody order with respect to a child who is the subject
of a care order;
(f) with respect to contact between a child who is the
subject of a care order and any other person;
(g) under Part V (protection of children);
(h) on an appeal against—
(i) the making of, or refusal to make, a care order,
supervision order or any order under section 28;
(ii) the making of, or refusal to make, a custody
order with respect to a child who is the subject
of a care order;
(iii) the variation or discharge, or refusal of an
application to vary or discharge, an order of a
kind mentioned in sub-paragraph (i) or (ii);
(iv) the refusal of an application under section 33(4);
or
(v) the making of, or refusal to make, an order
under Part V; or
(i) which are specified for the time being, for the purposes
of this section, by rules of court.
(7) The Minister may establish panels of persons from whom
litigation guardians appointed under this section must be selected.
Right of litigation guardian to have access to Director's records
36 (1) Where a person has been appointed as a litigation guardian
under this Act he shall have the right at all reasonable times to examine
and take copies of any records of, or held by, the Director which were
compiled in connection with the making, or proposed making, by any
person of any application under this Act with respect to the child
concerned.
CHILDREN ACT 1998
26
(2) Where a litigation guardian takes a copy of any record
which he is entitled to examine under this section, that copy or any part
of it shall be admissible as evidence of any matter referred to in any—
(a) report which he makes to the court in the proceedings in
question; or
(b) evidence which he gives in those proceedings.
(3) Subsection (2) has effect regardless of any enactment or
rule of law which would otherwise prevent the record in question being
admissible in evidence.
PART V
PROTECTION OF CHILDREN
Child assessment orders
37 (1) On the application of the Director for an order to be made
under this section with respect to a child, the court may make the order
if, but only if, it is satisfied that—
(a) the Director has reasonable cause to suspect that the
child is suffering, or is likely to suffer, significant harm;
(b) an assessment of the state of the child's health or
development, or of the way in which he has been treated,
is required to enable the Director to determine whether
or not the child is suffering, or is likely to suffer,
significant harm; and
(c) it is unlikely that such an assessment will be made, or
be satisfactory, in the absence of an order under this
section.
(2) A court may treat an application under this section as an
application for an emergency protection order.
(3) The court shall not make a child assessment order if it is
satisfied—
(a) that there are grounds for making an emergency
protection order with respect to the child; and
(b) that it ought to make such an order rather than a child
assessment order.
(4) A child assessment order shall—
CHILDREN ACT 1998
27
(a) specify the date by which the assessment is to begin;
and
(b) have effect for such period, not exceeding 14 days
beginning with that date, as may be specified in the
order.
(5) Where a child assessment order is in force with respect to a
child it shall be the duty of any person who is in a position to produce
the child—
(a) to produce him to a children's officer or police officer;
and
(b) to comply with such directions relating to the
assessment of the child as the court thinks fit to specify
in the order.
(6) A child assessment order authorizes any person carrying
out the assessment, or any part of the assessment, to do so in
accordance with the terms of the order.
(7) The child may only be kept away from his home or normal
place of residence—
(a) in accordance with directions specified in the order;
(b) if it is necessary for the purposes of the assessment; and
(c) for such period as may be specified in the order.
(8) Where the child is to be kept away from his home or normal
place of residence, the order shall contain such directions as the court
thinks fit with regard to the contact that he must be allowed to have with
other persons while away from his home or normal place of residence.
(9) The Director shall take such steps as are reasonably
practicable to ensure that notice of the application is given to—
(a) the child's parents;
(b) any person who is not a parent of his but who has
parental responsibility for him;
(c) any other person caring for the child;
(d) any person in whose favour a custody order is in force;
(e) any person who is allowed to have contact with the child
by virtue of an order under section 28; and
(f) the child,
before the hearing of the application.
CHILDREN ACT 1998
28
(10) The Director and any of the persons mentioned in
subsection (9) may apply to the court for a child assessment order to be
varied or discharged.
Protective intervention order
38 (1) Upon the application of the Director, the court may make a
protective intervention order pursuant to this section directed to any
person where the court is satisfied that the person's contact with a child
is causing, or is likely to cause, the child to suffer significant harm.
(2) The court may make a protective intervention order,
ordering that the person named in the order—
(a) cease to reside with the child;
(b) not contact the child or associate in any way with the
child,
and imposing such terms and conditions as the court considers
appropriate for implementing the order and protecting the child.
(3) Where an order is made pursuant to this section, the
Director may enlist the assistance of a police officer to enforce the order.
(4) Any person who contravenes a protective intervention order
is guilty of an offence and upon summary conviction shall be liable to a
fine of not more than $3,000 or to imprisonment for a period not
exceeding 6 months.
Emergency protection orders
39 (1) On the application of the Director for an order under this
section with respect to a child, the court may make the order if, but only
if, it is satisfied that—
(a) there is reasonable cause to believe that the child is
likely to suffer significant harm if—
(i) he is not removed to accommodation provided
by or on behalf of the Director; or
(ii) he does not remain in the place in which he is
then being accommodated; or
(b) enquiries are being made with respect to the child under
section 42(1)(b), and those enquiries are being frustrated
by access to the child being unreasonably refused to a
person seeking access and that the Director has
reasonable cause to believe that access to the child is
required as a matter of urgency.
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29
(2) While an order under this section ("an emergency protection
order") is in force it—
(a) operates as a direction to any person who is in a position
to do so to comply with any request to produce the child
to the Director;
(b) authorizes—
(i) the removal of the child at any time to
accommodation provided by or on behalf of the
Director and his being kept there; or
(ii) the prevention of the child's removal from any
hospital, or other place, in which he was being
accommodated immediately before the making
of the order; and
(c) gives the Director parental responsibility for the child.
(3) Where an emergency protection order is in force with
respect to a child, the Director—
(a) shall only exercise the power given by virtue of
subsection (2)(b) in order to safeguard the welfare of the
child; and
(b) shall take, and shall only take, such action in meeting
his parental responsibility for the child as is reasonably
required to safeguard or promote the welfare of the child
(having regard in particular to the duration of the order);
(4) Where the court makes an emergency protection order, it
may give such directions (if any) as it considers appropriate with respect
to—
(a) the contact which is, or is not, to be allowed between the
child and any named person;
(b) the medical or psychiatric examination or other
assessment of the child.
(5) A direction under subsection (4)(a) may impose conditions
and one under subsection (4)(b) may be to the effect that there is to be—
(a) no such examination or assessment; or
(b) no such examination or assessment set out unless the
court directs otherwise.
(6) A direction under subsection (4) may be—
CHILDREN ACT 1998
30
(a) given when the emergency protection order is made or at
any time while it is in force; and
(b) varied at any time on the application of—
(i) the Director;
(ii) the parties to the application for the emergency
protection order;
(iii) the litigation guardian; or
(iv) any person named in the direction.
(7) Where an emergency protection order is in force with
respect to a child and—
(a) the Director has exercised the power given by subsection
(2)(b)(i) but it appears to him that it is safe for the child
to be returned; or
(b) the Director has exercised the power given by subsection
(2)(b)(ii) but it appears to him that it is safe for the child
to be allowed to be removed from the place in question,
he shall return the child or, as the case may be, allow him to be
removed.
(8) Where he is required by subsection (7) to return the child
the Director shall—
(a) return him to the home or normal residence at which he
resided immediately prior to the order being made;
(b) if that is not reasonably practicable, return him to the
care of—
(i) a parent of his;
(ii) any person who is not a parent of his but who
has parental responsibility for him; or
(iii) such other person as the Director considers
appropriate.
(9) Where the Director has been required by subsection (7) to
return the child, or to allow him to be removed, he may again exercise
his powers with respect to the child (at any time while the emergency
protection order remains in force) if it appears to him that a change in
the circumstances of the case makes it necessary for him to do so.
CHILDREN ACT 1998
31
(10) Where an emergency protection order has been made with
respect to a child, the Director shall, subject to any direction given under
subsection (6), allow the child reasonable contact with—
(a) his parents;
(b) any person who is not a parent of his but who has
parental responsibility for him;
(c) any person with whom he was living immediately before
the making of the order;
(d) any person in whose favour a custody order is in force
with respect to him;
(e) any person who is allowed to have contact with the child
by virtue of an order under section 28; and
(f) any person acting on behalf of any of those persons.
(11) Wherever it is reasonably practicable to do so, an
emergency protection order shall name the child; and where it does not
name him it shall describe him as clearly as possible.
(12) A person shall be guilty of an offence if he intentionally
obstructs any person exercising the power under subsection (2)(b) to
remove, or prevent the removal of, a child.
(13) A person guilty of an offence under subsection (12) shall be
liable on summary conviction to a fine not exceeding $1,000.
Duration of emergency protection order and other supplemental
provisions
40 (1) An emergency protection order shall have effect for such
period, not exceeding 28 days, as may be specified in the order.
(2) Where—
(a) the court making an emergency protection order would,
but for this subsection, specify a period of 28 days as
the period for which the order is to have effect; but
(b) the last of those 28 days is a public holiday,
the court may specify a period which ends at noon on the first later day
which is not such a holiday.
(3) The Director may apply to the court for the period during
which the emergency protection order is to have effect to be extended.
CHILDREN ACT 1998
32
(4) On an application under subsection (3) the court may
extend the period during which the order is to have effect, by such
period, not exceeding 14 days, as it thinks fit.
(5) An emergency protection order may only be extended once.
(6) Regardless of any enactment or rule of law which would
otherwise prevent it from doing so, a court hearing an application for, or
with respect to, an emergency protection order may take account of—
(a) any statement contained in any report made to the court
in the course of, or in connection with, the hearing; or
(b) any evidence given during the hearing,
which is, in the opinion of the court, relevant to the application.
(7) Subject to subsection (10), any of the following may apply to
the court for an emergency protection order to be discharged—
(a) the child;
(b) a parent of his;
(c) any person who is not a parent of his but who has
parental responsibility for him; or
(d) any person with whom he was living immediately before
the making of the order.
(8) No application for the discharge of any emergency
protection order shall be heard by the court before the expiry of the
period of 72 hours beginning with the making of the order.
(9) No appeal may be made against the making of, or refusal to
make, an emergency protection order or against any direction given by
the court in connection with such an order.
(10) Subsection (7) does not apply where the person who would
otherwise be entitled to apply for the emergency protection order to be
discharged—
(a) was given notice of the hearing at which the order was
made; and
(b) was present at that hearing.
(11) A court making an emergency protection order may direct
that the applicant may, in exercising any powers which he has by virtue
of the order, be accompanied by a registered medical practitioner or a
registered nurse, if he so chooses.
CHILDREN ACT 1998
33
Power of police officer to detain child
41 Where a police officer has reasonable and probable grounds to
believe that a child is suffering, or is likely to suffer, significant harm, the
police officer may detain the child and shall forthwith take such
reasonable steps as are necessary to—
(a) notify the Director of the detention and also, where
practicable—
(i) the child's parents;
(ii) every person who is not a parent of his but who
has parental responsibility for him; and
(iii) any other person with whom the child was living
immediately before such detention; and
(b) deliver the child to the Director or make appropriate
arrangements for the temporary detention of the child
until the Director assumes responsibility for the care of
the child.
Duty of Director to investigate
42 (1) Where the Director—
(a) has obtained an emergency protection order in respect of
a child; or
(b) has reasonable cause to suspect that a child is suffering,
or is likely to suffer, significant harm,
the Director shall make, or cause to be made, such enquiries he
considers necessary to enable him to decide whether he should take any
action, and if so, what action should be taken, to safeguard or promote
the child's welfare.
(2) The enquires shall, in particular, be directed toward
establishing—
(a) whether the Director should make any application to the
court, or exercise any other powers under this Act, with
respect to the child;
(b) whether, in the case of a child—
(i) with respect to whom an emergency protection
order has been made; and
(ii) who is not in accommodation provided by or on
behalf of the Director,
CHILDREN ACT 1998
34
it would be in the child's best interest, (while an emergency
protection order remains in force) for him to be in such
accommodation.
(3) Where enquiries are being made under subsection (1) with
respect to the child, the Director shall (with a view to enabling him to
determine what action, if any, to take with respect to him) take such
steps as are reasonably practicable—
(a) to obtain access to the child; or
(b) to ensure that access to the child is obtained, on his
behalf, by a person authorized by him for the purpose,
unless he is satisfied that he already has sufficient
information with respect to the child.
(4) Where, as a result of any such enquiries, it appears to the
Director that there are matters connected with the child's education
which should be investigated, he should consult with the Department of
Education.
(5) Where, in the course of enquiries made under this section
any person authorized by the Director to act on his behalf in connection
with those enquiries—
(a) is refused access to the child concerned; or
(b) is denied information as to his whereabouts,
the Director shall apply for an emergency protection order, a child
assessment order, a care order or supervision order with respect to the
child unless the Director is satisfied that his welfare can be satisfactorily
safeguarded without so doing.
(6) If, on the conclusion of any enquiries or review made under
this section, the Director decides not to apply for an emergency
protection order, a child assessment order, a care order or supervision
order he shall—
(a) consider whether it would be appropriate to review the
case at a later date; and
(b) if he decides that it would be, determine the date on
which that review is to begin.
(7) Where, as a result of complying with this section, the
Director concludes that he should take action to safeguard or promote
the child's welfare, he shall take that action (so far as it is both within
his power and reasonably practical for him to do so).
CHILDREN ACT 1998
35
(8) Where the Director is conducting enquiries under this
section, it shall be the duty of any person to assist him with those
enquiries (in particular by providing relevant information and advice) if
called upon by the Director to do so.
Powers to assist in discovery of children who may be in need of
emergency protection
43 (1) Where it appears to a court making an emergency
protection order that adequate information as to the child's
whereabouts—
(a) is not available to the Director; but
(b) it is available to another person,
it may include in the order a provision requiring that other person to
disclose, if asked to do so by the Director, any information he may have
as to the child's whereabouts.
(2) An emergency protection order may authorize the Director
to enter premises specified in the order where the Director believes the
child may be found and search for the child with respect to whom the
order is made.
(3) Where the court is satisfied that there is reasonable cause
to believe that there may be another child on those premises with respect
to whom an emergency protection order ought to be made, it may make
an order authorizing the Director to search for that other child on those
premises.
(4) Where—
(a) an order has been made under subsection (3);
(b) the child concerned has been found on the premises;
and
(c) the Director is satisfied that the grounds for making an
emergency protection order exist with respect to him,
the order shall have effect as if it were an emergency protection order.
(5) Where an order has been made under subsection (3), the
Director shall notify the court of its effect.
(6) A person shall be guilty of an offence if he intentionally
obstructs any person exercising the power of entry and search under
subsection (2) or (3).
(7) A person guilty of an offence under subsection (6) shall be
liable on summary conviction to a fine not exceeding $1,000.
CHILDREN ACT 1998
36
(8) Where, on an application made by the Director for a
warrant under this section, it appears to the court—
(a) that the Director attempting to exercise powers under an
emergency protection order has been prevented from
doing so by being refused entry to the premises
concerned or access to the child concerned; or
(b) that the Director is likely to be so prevented from
exercising any such powers,
it may issue a warrant authorizing any police officer to assist the Director
in the exercise of those powers, using reasonable force if necessary.
(9) Every warrant issued under this section shall be addressed
to, and executed by, a police officer who shall be accompanied by the
person applying for the warrant if—
(a) that person so desires;
(b) the court by whom the warrant is issued does not direct
otherwise.
(10) A court granting an application for a warrant under this
section may direct that the police officer concerned may, in executing the
warrant, be accompanied by a registered medical practitioner or
registered nurse if he so chooses.
(11) Where it is reasonably practicable to do so, an order under
subsection (3), an application for a warrant under this section and any
such warrant shall name the child; and where it does not name him it
shall describe him as clearly as possible.
Abduction of children in care etc
44 (1) A person shall be guilty of an offence if, knowingly and
without lawful authority or reasonable excuse, he—
(a) takes a child to whom this section applies away from the
responsible person;
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or
stay away from the responsible person.
(2) This section applies in relation to a child who is—
(a) in care; or
(b) the subject of an emergency protection order or a child
assessment order,
CHILDREN ACT 1998
37
and in this section "the responsible person" means any person who for
the time being has care of him by virtue of the care order, the emergency
protection order, or a child assessment order, as the case may be.
(3) A person guilty of an offence under this section shall be
liable on summary conviction to a fine not exceeding $3,000 or to
imprisonment for a term not exceeding 6 months.
Recovery of abducted children etc
45 (1) Where it appears to the court that there is reason to believe
that a child to whom this section applies—
(a) has been unlawfully taken away or is being unlawfully
kept away from the responsible person;
(b) has run away or is staying away from the responsible
person; or
(c) is missing,
the court may make an order under this section ("a recovery order").
(2) This section applies to the same children to whom section
44 applies and in this section "the responsible person" has the same
meaning as in section 44.
(3) A recovery order—
(a) operates as a direction to any person who is in a position
to do so to produce the child on request to any
authorized person;
(b) authorizes the removal of the child by any authorized
person;
(c) requires any person who has information as to the
child's whereabouts to disclose that information, if asked
to do so, to a police officer or an officer of the court;
(d) authorizes a police officer to enter any premises specified
in the order and search for the child, using reasonable
force if necessary.
(4) The court may make a recovery order only on the
application of the Director.
(5) In this section—
"an authorised person" means—
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(a) a children’s officer or any person specified by the
court;
(b) any police officer;
(c) any person who is authorized—
(i) after the recovery order is made; and
(ii) by the Director,
to exercise any power under a recovery order.
(6) Where a person is authorized as mentioned in subsection
(5)(c)—
(a) the authorization shall identify the recovery order; and
(b) any person claiming to be so authorized shall, if asked to
do so, produce some duly authenticated document
showing that he is so authorized.
(7) A person shall be guilty of an offence if he intentionally
obstructs an authorized person exercising the power under subsection
(3)(b) to remove a child.
(8) A person guilty of an offence under this section shall be
liable on summary conviction to a fine not exceeding $1,000.
PART VI
REGISTERED CHILDREN'S HOMES
Registered Children's Homes
46 (1) No child shall be cared for or accommodated in a children's
home unless it is registered.
(2) The Director shall maintain a register of children's homes.
(3) Any person who carries on a children's home that is not
registered under this Part is guilty of an offence and liable on summary
conviction to a fine not exceeding $3,000 unless he has a reasonable
excuse.
(4) The Second Schedule makes further provision with respect
to registered children’s homes.
Welfare of children in children's home
47 (1) It shall be the duty of the person carrying on a registered
children's home to promote the welfare of children in the home.
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(2) In making any decision relating to the welfare of a child, the
person carrying on the home shall, so far as is reasonably practicable,
ascertain the wishes and feelings of—
(a) the child;
(b) the parents;
(c) any other person who has parental responsibility for
him;
(d) any person whose wishes and feelings the person
carrying on the home considers to be relevant,
regarding the matter to be decided.
(3) In making any such decision the person concerned shall
give due consideration—
(a) having regard to the child's age and understanding, to
such wishes and feelings of the child as the person has
been able to ascertain;
(b) to such wishes and feelings of other persons mentioned
in subsection (2) as he has been able to ascertain; and
(c) to the child's religious persuasion, racial origin and
cultural and linguistic background.
Inspection etc of registered children's homes
48 (1) The Director shall satisfy himself that any registered
children's home is satisfactorily safeguarding and promoting the welfare
of the children in that home.
(2) The Director shall arrange for the children living in that
home to be visited from time to time in the interests of their welfare.
(3) The Minister may give directions—
(a) requiring every child who is in a registered children's
home to be visited by a children's officer—
(i) in specified circumstances;
(ii) on specified occasions or within specified
periods;
(b) imposing requirements which must be met by the
Director or a children's officer carrying out functions
under this section.
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(4) When the Director is not satisfied that the welfare of any
child, who is accommodated in a registered children's home, is being
satisfactorily safeguarded or promoted, he shall take the necessary steps
to ensure the welfare of that child.
(5) The Director or a children's officer may—
(a) enter at any reasonable time and inspect any children’s
home;
(b) inspect any child there;
(c) require any person to furnish him with, or allow him to
inspect, such records as he may at any time direct.
(6) Any representative of the Director exercising this power
shall, if asked to do so, produce some duly authenticated document
showing his authority to do so.
(7) Any person who intentionally obstructs the Director or a
children's officer in the exercise of any power conferred by subsection (5)
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding $1,000.
Persons disqualified from carrying on, or being employed in,
children's homes
49 (1) Any person who is disqualified under section 55 from
fostering a child shall not carry on, or be otherwise concerned in the
management of, or have any financial interest in, a children's home
unless he has—
(a) disclosed to the Director the fact that he is so
disqualified; and
(b) obtained his written consent.
(2) No person shall employ a person who is so disqualified in a
children's home unless he has—
(a) disclosed to the Director the fact that that person is so
disqualified; and
(b) obtained his written consent.
(3) Where the Director refuses to give his consent under this
section, he shall inform the applicant by a written notice which states—
(a) the reason for the refusal;
(b) the applicant's right to appeal against the refusal to the
Minister; and
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(c) the time within which he may do so.
(4) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding $3,000 or to imprisonment for a term not exceeding 6
months.
(5) Where a person contravenes subsection (2), he shall not be
guilty of an offence if he proves that he did not know, and had no
reasonable grounds for believing, that the person whom he was
employing was disqualified under section 55.
PART VII
RESIDENTIAL HOMES
Residential homes
50 (1) The facilities operated and managed by the Minister known
as the Youth Development Centre, the Observatory Cottage and the
Brangman Home are residential homes and where a child is committed
to the care of the Director, the Director may place the child in those
facilities or other residential home approved by the Minister.
(2) A residential home may include—
(a) a secure treatment facility;
(b) a residential centre for the care and accommodation of
children in care of the Director;
(c) an assessment and treatment centre;
(d) a facility for the detention of young offenders.
(3) No person or organization other than the Minister shall
operate a residential home unless the home has been approved by the
Minister.
(4) An application for approval of a residential home shall
contain such information relating to the applicant, and such particulars
relating to the premises to be used as a residential home, as the Minister
may require.
(5) The Minister may impose conditions on the grant of
approval under subsection (4).
(6) The Minister, or any person authorized by the Minister, may
at any reasonable time enter, inspect and evaluate a residential home
and examine the records, books and accounts relating to the home and
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the Minister may, for just and sufficient cause, revoke or suspend an
approval given under subsection (3).
(7) The Minister may give directions as to the standards of
physical plant, maintenance and programmes to be provided in a
residential home.
(8) Any person who contravenes subsection (3) or who fails to
comply with any direction under subsection (7) is guilty of an offence and
is liable on summary conviction to a fine not exceeding $3,000 or
imprisonment for a term not exceeding 6 months.
Secure treatment order
51 (1) The Director may apply to the court for a secure treatment
order in respect of a child in his care.
(2) The court may appoint a litigation guardian to represent the
child.
(3) After a hearing, the court may make a secure treatment
order in respect of the child for a period of not more than 30 days if the
court is satisfied that—
(a) the child is suffering from an emotional or behavioural
disorder;
(b) it is necessary to confine the child in order to remedy or
alleviate the disorder; and
(c) the child refuses or is unable to consent to treatment.
(4) Upon the application of the Director and after a hearing
before the expiry of a secure treatment order, a secure treatment order
may be renewed in respect of the child, for a period of not more than 90
days in the case of a first or subsequent renewal, if the court is satisfied
that the conditions set out in subsection (3)(a), (b) and (c) are satisfied
and that there is an appropriate plan of treatment for the child.
(5) The Director, the child who is the subject of a secure
treatment order and the parent of the child may apply to the court for a
review of the order.
(6) An application for review may be made only once during the
period the secure treatment order is in force.
(7) After hearing the application for review and after
considering the conditions referred to in subsection (4), the court may
confirm, vary or terminate the secure treatment order, but in no case
shall the order be extended.
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(8) A secure treatment order is sufficient authority for a police
officer or a children's officer to apprehend and convey the child named in
the order to a residential home providing secure treatment and to detain
the child while being conveyed to that home.
(9) Upon a secure treatment order being issued, the person in
charge of a residential home providing secure treatment shall admit the
child to the home, if the child is not already resident in the home, and
shall be responsible for ensuring that the child is provided with
diagnostic and treatment services in accordance with the terms of the
order and the needs of the child.
(10) Where the child who is the subject of a secure treatment
order leaves a residential home providing secure treatment when a leave
of absence has not been granted or fails to return to such home in
accordance with the terms of a leave of absence, a police officer or
children's officer may apprehend the child and return the child to the
home.
Transfer from residential home to senior training school
52 (1) Where—
(a) an order has been made under section 16(f) of the Young
Offenders Act 1950; or
(b) an order has been made under this Act,
committing a child to the care of the Director and the Director, having
placed the child in a residential home, is of the opinion that the child is
incorrigible or is exercising a bad influence on the other children of the
home, the Director may, with the consent of the Minister, apply to the
court which made the order for an order under this section.
(2) Where an application is made under subsection (1) and the
court is satisfied that the child should be removed from the residential
home it may make an order revoking the order committing the child to
the residential home and by order under this section direct that the child
be transferred to the senior training school (within the meaning of the
Young Offenders Act 1950) and may commute the remainder of the
period for which the child was committed to the residential home to such
period of corrective training as the court may determine, being a term
not exceeding the remainder of the period for which the child was
committed to the residential home.
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PART VIII
FOSTER CARE
Definitions
53 In this Part—
"foster child" means a child who is maintained or whom it is
intended to maintain in a foster home;
"foster home" means a home which has been licensed as a foster
home under section 54;
"foster parent" means a person whose name has been entered on
the Register;
"Register" means the Register of Foster Parents maintained by
the Director under section 54;
"relative" in relation to a child, means a grandparent, brother,
sister, uncle or aunt, whether of the full blood or half blood or
by affinity.
Registration of foster parents and licensing of foster homes
54 (1) Any person, other than a parent or relative of the child or
person who has parental responsibility for him, who undertakes or
intends to undertake for reward the care and maintenance of a
particular child or of children generally shall apply to the Director in
such form as the Director may approve—
(a) for registration as a foster parent; and
(b) for a licence in respect of the premises in which the child
is to be maintained.
(2) For the purposes of subsection (1) an undertaking shall be
deemed to be an undertaking for reward if in consideration of the
undertaking there is any payment or gift of money or money's worth,
irrespective of any intention as to maintenance of the child for profit or
otherwise.
(3) The Director may impose upon the applicant requirements
as to—
(a) the standard of the accommodation and equipment to be
provided for the foster child;
(b) the arrangements to be made with respect to his health
and safety; and
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(c) particular arrangements which must be made with
respect to the provision of care for him,
and it shall be the duty of the applicant to comply with any such
requirement.
(4) A requirement shall be imposed by a notice in writing
addressed to the applicant and informing him of—
(a) the reason for imposing the requirement;
(b) his right under section 64 to appeal against it; and
(c) the time within which the applicant may do so.
(5) The Director may at any time vary a requirement, impose
any additional requirement or remove any requirement.
(6) Where the Director is satisfied that the applicant is a fit and
proper person to be the foster parent of the child he shall, subject to
section 55, enter the name of that person in the Register together with
such information as the Director may require.
(7) Where the Director is satisfied that the proposed foster
home is a fit and proper place for the maintenance and care of the child,
he shall issue a licence to the applicant in respect of the foster home.
(8) The Director may impose conditions on a licence issued
under subsection (7) and the conditions shall be specified therein.
(9) Where it is made to appear to the Director that a foster
parent has ceased to be a fit and proper person so to be or that the
premises licensed as a foster home have ceased to be a fit and proper
place for the maintenance of a foster child therein, then the Director may
order the removal of the person’s name from the Register or cause the
licence of the foster home to be cancelled, as the case may be, and such
removal or cancellation shall be notified forthwith to the person
concerned.
(10) A licence under this section, unless earlier cancelled, shall
expire two years from the date of issue.
(11) Where a relative assumes the care of a child and the
Director is satisfied that it would otherwise be necessary to provide foster
care for the child, the Director may provide financial support to that
relative as if the relative were a registered foster parent.
Person prohibited from being foster parents
55 (1) The Director shall not enter on the Register the name of, or
issue a licence to, any person—
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(a) who has been convicted of—
(i) any offence declared by Part X of the Criminal
Code (which Part relates to offences against
morality);
(ii) any offence declared by section 323 to 326 of the
Criminal Code (which sections relate to sexual
assaults);
(iii) any offence declared by section 202 or 203 of
the Criminal Code (which sections relate to the
abduction of girls under 16 and taking away of
children under 14);
(iv) the offence of manslaughter, where the act or
omission constituting the offence arose in
connection with the ill-treatment of a child or a
failure to provide the necessaries of life for a
child;
(v) an offence declared by section 316 of the
Criminal Code (which section relates to failure to
supply a person with the necessaries of life);
(vi) an offence declared by section 318 of the
Criminal Code (which section relates to
endangering the life of a child by abandonment
or exposure);
(vii) an offence declared by section 204 of the
Criminal Code (which section relates to the
desertion of children);
(viii) an offence declared by this Act; or
(ix) any other offence declared by any Act involving
an element of assault whereby bodily injury was
caused to any person;
(b) who, by reason of infirmity, ill-health, drug abuse or
criminal associations or conduct, is unfit to have the
care of a foster child; or
(c) whose premises are overcrowded, unsanitary or
dangerous or otherwise constitute an environment
detrimental to the positive development of a foster child.
(2) The Director shall not licence any premises as a foster home
in which any person lives or is employed who has been convicted of any
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of the offences specified in subsection (1), and, if the premises are
already licensed, the Director shall revoke the licence.
Limits on number of foster children
56 (1) Subject to subsections (2) and (3), a person may not foster
more than three children ("the usual fostering limit").
(2) A person may exceed the usual fostering limit if the children
are siblings of each other.
(3) The Director may exempt a person from subsection (1) and
in considering whether to do so shall have regard to—
(a) the number of children whom the person proposes to
foster;
(b) the arrangements the person proposes for the care and
accommodation of the foster children;
(c) the intended and likely relationship between the person
and the foster children;
(d) the period of time for which he proposes to foster the
children; and
(e) whether the welfare of the fostered children (and any
other children who are and or will be living in the
accommodation) will be safeguarded and promoted.
(4) Where the Director exempts a person he shall inform him
by notice in writing—
(a) that he is so exempted;
(b) of the children, described by name, whom he may foster;
and
(c) of any condition to which the exemption is subject.
(5) The Director may at any time by notice in writing—
(a) vary or cancel an exemption;
(b) impose, vary or cancel a condition to which the
exemption is subject, and, in considering whether to do
so, he shall have regard in particular to the
considerations mentioned in subsection (3).
Effect of exceeding fostering limits
57 (1) A person shall cease to be treated as a foster parent and
shall be treated as carrying on a children's home if—
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(a) he exceeds the usual fostering limit; or
(b) where he is exempted under section 56—
(i) he fosters any child not named in the
exemption; and
(ii) in doing so, exceeds the usual fostering limit.
(2) Subsection (1) does not apply if children concerned are all
siblings of each other.
Complaints etc.
58 The Director shall establish a procedure for considering any
representations (including any complaint) made to him about the
discharge of his functions under section 56 by a person exempted or
seeking to be exempted under that section.
Insurable interest
59 A person who fosters a child for reward shall be deemed for the
purposes of the Life Insurance Act 1978 to have no insurable interest in
the life of the child.
Duties of the Director to inspect foster homes
60 (1) The Director shall satisfy himself that the welfare of foster
children is being satisfactorily safeguarded and promoted and that
advice and assistance is given to foster parents as may be required.
(2) The Director may require a children's officer or other person
authorized by the Director to visit foster children and to inspect a foster
home in such circumstances or at such regular intervals as the Director
may direct.
(3) A children's officer or other person performing functions
under subsection (2) shall, if so required, produce some duly
authenticated document showing his authority to do so.
(4) Where a children's officer or other person referred to in
subsection (3) is refused admission to any premises or has reason to
believe that a child is being kept in any premises in contravention of this
Part, he may apply to the court for the issue of a warrant; and the court,
if satisfied that the admission has been so refused or that there is
reasonable ground for believing that an offence under this Act has been
committed, may issue a warrant authorizing him, together with any
police officer or other person named in the warrant, to enter the premises
for the purpose of ascertaining whether any such offence has been
committed.
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Death of a foster child
61 (1) Where a foster child dies while under the care and
maintenance of a foster parent, the foster parent shall, as soon as
practicable, give notice of the death to the Director and the Director—
(a) where reasonably practicable, shall notify each parent of
the child and every person who is not a parent of the
child but has parental responsibility for the child;
(b) may, with the consent (so far as it is practicable to
obtain it) of every person who has parental responsibility
for the child, arrange for the child's body to be buried or
cremated;
(2) Where the Director has exercised his power under
subsection (1)(b) with respect to a child, he may recover from any parent
of the child any expenses incurred by him.
(3) Any sums so recoverable shall, without prejudice to any
other method of recovery, be recoverable summarily as a civil debt.
(4) Nothing in this section affects any enactment regulating or
authorizing the burial, cremation, or anatomical examination of the body
of a deceased person.
Court may order refund of consideration
62 If the consideration for the care and maintenance of a foster
child consisted in whole or in part of a lump sum, where—
(a) the foster parent's name has been removed from the
Register;
(b) the licence of the foster home in which the child is
maintained has been cancelled; or
(c) the child has been returned to the Director and the
person to whom the money consideration was paid is no
longer acting as a foster parent for the child,
then the Director may apply to the court for an order that the money
consideration, or such less sum as the court may consider just, be
forfeited, and any sum so forfeited shall be paid into the Consolidated
Fund.
Offences
63 (1) Any person who—
(a) maintains a child for reward without being registered as
a foster parent under section 54;
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(b) maintains a child for reward in premises which are not
licensed under section 54;
(c) fails to comply with any condition imposed by the
Director on a licence under section 54;
(d) knowingly makes, or causes or procures any other
person to make, any false statement in any application
under section 54;
(e) publishes an advertisement indicating that the person
will foster or will arrange to foster a child;
(f) refuses to allow a foster child to be visited by a children’s
officer or other person authorized by the Director;
(g) fails, without reasonable excuse, to comply with any
requirement imposed by the Director;
(h) obstructs a children's officer, police officer or other
person authorized by the Director in the performance of
his functions,
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding $3,000 or to imprisonment for a term not exceeding 6
months.
(2) The court by which a person is convicted of an offence
under subsection (1) may, without prejudice to any punishment which
the court may impose upon the offender, order any child in respect of
whom the offence has been committed to be removed and be placed in
the care of the Director.
(3) If consideration for the care and maintenance of a child, in
respect of whom an offence under subsection (1) has been committed,
consisted in whole or in part of a lump sum then the person convicted of
the offence shall, in addition to any other punishment which may be
imposed upon him under subsection (1), be liable to forfeit that sum, or
such less sum as the court by which the person was convicted may
consider just, and any sum forfeited shall be paid into the Consolidated
Fund.
(4) Where under section 62 or subsection (3) any sum is
ordered to be forfeited the order may be enforced as if it were an order
made by a court of summary jurisdiction for the payment of a debt or
liquidated demand.
Appeals
64 (1) A person aggrieved by—
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(a) a requirement imposed under section 54(3);
(b) a refusal to register a foster parent under section 54;
(c) a refusal to issue a licence under section 54;
(d) the removal of a name from the Register or cancellation
of a licence under section 54(9);
(e) a refusal to make an exemption under section 56(3);
(f) a condition imposed in such an exemption; or
(g) a variation or cancellation of such an exemption,
may appeal to the court.
(2) The appeal must be made within 14 days from the date on
which the person appealing is notified of the requirement, refusal,
condition, variation, revocation or cancellation.
(3) Where the appeal is against—
(a) a requirement imposed under section 54(3);
(b) a condition of an exemption imposed under section
53(3); or
(c) a variation or cancellation of such an exemption,
the requirement, condition, variation, revocation or cancellation shall not
have effect while the appeal is pending.
(4) Where it allows an appeal against a requirement, the court
may, instead of cancelling the requirement vary the requirement, or allow
more time for compliance with it.
(5) Any requirement varied by the court under subsection (4)
shall be deemed for the purposes of this Part to have been imposed by
the Director under section 54.
(6) Where it allows an appeal against a refusal to make an
exemption, a condition imposed in such an exemption or a variation or
cancellation of such an exemption, the court may—
(a) make an exemption;
(b) impose a condition; or
(c) vary the exemption.
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PART IX
DAY CARE
Definitions
65 In this Part—
"certificate of registration" means a certificate issued under
section 76 authorizing a person to act as a day care provider;
"Chief Medical Officer" means the Chief Medical Officer as
defined in section 2(1) of the Public Health Act 1949;
"child" means a child under the lower limit of compulsory school
age;
"day care" means the temporary, non-residential care and
supervision of a child for at least two hours during a day;
"day care centre" means a place in which day care is offered on a
regular basis for reward to four or more children who are not
of common parentage, whether known as a day care centre,
child care centre, nursery, nursery school, kindergarten or by
any other name;
"day care provider" means a person who provides day care for
reward;
"inspector" means a person appointed by the Minister as an
inspector under section 73;
"licence" means a licence issued by the Chief Medical Officer
authorizing the holder of a licence to operate a day care
centre;
"prescribed" means, except as provided in section 79(2),
prescribed by the regulations made under section 79;
"programme" means a programme of activities in a day care
centre designed to help the physical, social, emotional and
learning development of the children in the centre.
Application
66 This Part does not apply to—
(a) child care provided by a parent or relative of a child or a
person who has parental responsibility for the child or a
foster parent;
(b) services to children governed by the Education Act 1996;
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(c) child care provided by hospitals to children who are
patients;
(d) child care provided by a church during its service or as
part of religious instruction;
(e) child care provided to children in camps operated for
seasonal or holiday periods where the children stay
overnight;
(f) child care provided by a nanny in the child's own home;
(g) child care provided under any other Part of this Act.
Administration
67 The Chief Medical Officer shall administer this Part and shall
ensure that—
(a) the operator and staff of day care centres are properly
qualified;
(b) the facilities, equipment, sanitation, nutrition and other
programmes of day care centres are safe, of good quality
and appropriate to the needs of the children.
Licence
68 (1) No person shall operate a day care centre unless he is the
holder of a licence issued under this section.
(2) A person may make application in the prescribed form and
manner for a licence or the renewal of a licence to operate a day care
centre.
(3) The Chief Medical Officer may issue or renew a licence
where he is satisfied that—
(a) the applicant and the day care centre comply with this
Part and the regulations; and
(b) the fee prescribed under section 79(2) is paid.
(4) The Chief Medical Officer may attach to any licence such
terms and conditions or restrictions as he considers advisable.
(5) A licence shall be in the prescribed form and, subject to
subsection (6), shall expire one year from the date on which it was issued
or at such other time as the Chief Medical Officer may specify in the
licence.
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(6) The Chief Medical Officer may issue a provisional licence for
a period not exceeding 6 months and shall, during the provisional
period, monitor the operation of the day care centre.
(7) A licence issued under this section shall be signed by the
Chief Medical Officer and shall set out—
(a) the name and location of the day care centre;
(b) the name of the operator;
(c) the maximum number of children for whom child care
may be provided;
(d) any conditions of the licence;
(e) whether or not the licence is a provisional licence;
(f) the serial number of the licence;
(g) the date of expiry of the licence;
(h) such other matters as may be prescribed.
(8) A licence is not transferable.
Renewal of licence
69 (1) An applicant seeking renewal of a licence shall, at least 30
days before the date of its expiry, apply to the Chief Medical Officer
setting out any alteration in the information given in the original
application.
(2) The Chief Medical Officer, if satisfied that—
(a) the prescribed standards are met; and
(b) the renewal fee prescribed under section 79(2) has been
paid,
shall renew the licence.
Cancellation, suspension or refusal of licence
70 (1) The Chief Medical Officer, after giving the applicant or the
holder of the licence an opportunity to be heard, may cancel, suspend,
refuse to issue or refuse to renew a licence where he is satisfied that the
applicant or the holder of the licence or an employee of the holder of the
licence has violated any provision of this Act or the regulations or has
not complied with any term, condition or restriction attached to the
licence.
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(2) The Chief Medical Officer, at least 14 days before any
cancellation, suspension or refusal to issue or renew a licence takes
effect, give a written notice to the person affected—
(a) setting out the reasons for his action; and
(b) advising of the right to appeal the decision of the Chief
Medical Officer to the Minister under section 78.
Alteration of day care centre
71 No person shall permit or cause a day care centre for which a
licence is in force to be altered so as to increase or decrease its capacity
or to significantly affect the care of children without first submitting to
the Chief Medical Officer plans of the alteration or addition and receiving
the approval of the Chief Medical Officer.
Advertising
72 No person shall advertise or hold out any place to be a day care
centre or assume, use or display in connection with the place, any terms,
signs, title or words which imply or lead the public to believe that the
place is a day care centre, unless there is a valid licence for that day care
centre.
Inspection and power of entry
73 (1) The Minister may appoint persons to act as inspectors for
the purposes of this Part, including child development project officers,
children's officers, health visitors, environmental health officers and
education officers.
(2) Inspectors shall inspect day care facilities in respect of
which an application for a certificate of registration or licence is made,
and shall make periodic inspections of premises used by day care
providers and licensed day care centres.
(3) An inspector may enter and carry out an investigation in
respect of any premises where he has reasonable grounds to suspect
that a day care centre is operated in contravention of this Part.
(4) An inspector shall, if asked to do so, produce some duly
authenticated document showing his authority to enter and inspect the
premises.
Order for closure
74 (1) The Minister may issue an order for closure to the operator
of a day care centre directing him to cease to operate the centre or
otherwise to comply with a decision of the Chief Medical Officer within
such time as may be specified in the order.
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(2) Where an order has been made under subsection (1)
directing that a day care centre cease to operate, the Minister may
inform the public of that order in such manner as he considers
appropriate.
(3) Any person who is aggrieved by an order under subsection
(1) may, within 14 days of receipt of the order, appeal by notice in writing
to the court and the court may confirm, reverse or vary the order and
give such directions as it considers appropriate.
Records, returns and reports
75 (1) The operator of a licensed day care centre shall maintain
records including—
(a) each child's name and address;
(b) the name, address and telephone number of the child's
parent;
(c) the name, address and telephone number of a person to
be contacted in the event of an emergency if a parent is
not available;
(d) the names of persons to whom the child may be
released;
(e) any medical, physical or developmental conditions
relevant to the care of the child;
(f) the name, address and telephone number of the child's
physician and relevant health insurance information;
(g) records of such other matters as may be prescribed.
(2) The operator of a licensed day care centre shall furnish to
the Chief Medical Officer such records, returns and reports as the Chief
Medical Officer requests in such form and manner and within such time
as the Chief Medical Officer may require.
Registration of child care providers
76 (1) The Chief Medical Officer shall maintain a register of day
care providers.
(2) No person shall act as a day care provider unless that
person's name is entered on the register.
(3) A person seeking to be registered as a day care provider
shall apply to the Chief Medical Officer in the prescribed form and
manner.
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(4) The Chief Medical Officer may enter the name of any person
on the register and issue a certificate of registration if he is satisfied
that—
(a) the applicant is a fit and proper person to provide day
care;
(b) the premises in which the day care is to be provided
meet the prescribed standards; and
(c) the fee prescribed under section 79(2) is paid.
(5) The Chief Medical Officer may attach to any certificate of
registration such terms, conditions or restrictions as he considers
advisable.
(6) A certificate of registration shall be in the prescribed form
and shall expire on such date as may be specified in the certificate.
(7) The Chief Medical Officer may cancel, suspend, refuse to
issue or refuse to renew a certificate of registration where he is satisfied
that the day care provider has violated any provision of this Act or the
regulations or has not complied with any term, condition or restriction
attached to the certificate or is not a fit and proper person to hold a
certificate.
(8) Subsection 70(2) applies, with the necessary changes, to a
cancellation, suspension, refusal to issue or refusal to renew a certificate
of registration.
Offences
77 Any person who—
(a) fails to comply with any provision of this Part or the
regulations;
(b) fails to observe any term, condition or restriction
attached to a licence or a certificate of registration;
(c) contravenes an order under section 74; or
(d) obstructs an inspector in the performance of his duties,
is guilty of an offence and is liable on summary conviction to a fine not
exceeding $1,000 and, where the offence is of a continuing nature, each
day that the offence continues shall constitute a separate offence.
Appeals
78 (1) A person aggrieved by any decision of the Chief Medical
Officer under section 68, 69, 70 or 76 may, within 21 days of being
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notified of the decision, appeal by notice in writing to the Minister and
the Minister, after giving the person aggrieved an opportunity to be heard
or to make written representations, shall by order decide the matter and
give notice of the decision to the Chief Medical Officer and the aggrieved
person.
(2) The decision of the Minister under subsection (1) is final.
Regulations
79 (1) The Minister may make regulations—
(a) prescribing the form, contents and manner of an
application for a licence and an application for
registration as a day care provider;
(b) prescribing the form and contents of a licence and a
certificate of registration;
(c) prescribing procedures for the suspension, cancellation
or refusal to issue or renew a licence or a certificate of
registration;
(d) prescribing the manner in which a licence is to be
displayed;
(e) setting out staff requirements and staff/child ratios;
(f) setting out programme requirements, including
standards and services;
(g) establishing standards for discipline, facilities and
equipment;
(h) imposing requirements respecting food and food
preparation;
(i) prescribing health and safety requirements and sanitary
requirements;
(j) providing for administrative matters, including records
to be kept, reporting and insurance;
(k) providing for monitoring the operation of day care
centres and for the enforcement of this Part and the
regulations;
(l) for such other matters as he considers necessary to give
effect to the provisions of this Act.
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(2) Fees may be prescribed under the Government Fees Act
1965 for the issue and renewal of a licence and for a certificate of
registration.
(3) Regulations under subsection (1) shall be subject to the
negative resolution procedure.
Revocation and transitional
80 (1) The Public Health (Day Care Nurseries and Nursery
Schools) Regulations 1978 are revoked.
(2) Any day nursery or nursery school licensed under the said
Regulations immediately before the commencement of this Part shall be
deemed to be a day care centre and, on the date of commencement of
this Part, shall be deemed to be licensed as a day care centre and subject
to this Part.
PART X
GENERAL
Contributions orders
81 (1) Where an order has been made under Part IV by the court
committing a child to the care of the Director, the court may also make
an order ("a contribution order") requiring the parent of the child, or any
person liable to maintain the child, to contribute to his maintenance for
so long as the order is in force.
(2) The Director may apply for a contribution order and the
court may make a contribution order to have effect from the date of the
care order or any later date, and any sum contributed in obedience to
the order shall be paid to such person as the court may direct and shall
be applied for or towards the maintenance of the child.
(3) A contribution order shall be enforceable as an affiliation
order is enforceable, and any Act relating to the enforcement of affiliation
orders shall apply accordingly, subject to any necessary modifications.
(4) A person for the time being under an obligation to make
payments in pursuance of a contribution order shall, if he changes his
address, give notice of the change of address to the Director and to the
recipient of the payments.
(5) Any person who fails to give notice as required by
subsection (4) is guilty of an offence and is liable on summary conviction
to a fine not exceeding $1,000.
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Order for financial relief for persons over 18 years
82 (1) If, on application by a person who has been in the care of
the Director and has reached the age of 18 years, it appears to the
court—
(a) that the applicant is, will be or (if an order were made
under this section) would be receiving instruction at an
educational establishment or undergoing training for a
trade, profession or vocation, whether or not while in
gainful employment; or
(b) that there are special circumstances which justify the
making or an order under this section,
the court may make one or both orders mentioned in subsection (2).
(2) The orders are—
(a) an order requiring either or both of the applicant's
parents to pay to the applicant such periodical
payments, for such term, as may be specified in the
order;
(b) an order requiring either or both of the applicant's
parents to pay to the applicant such lump sum as may
be so specified.
(3) An order under sub-paragraph (2)(a) may be varied or
discharged by a subsequent order made on the application of any person
by or to whom payments were required to be made under the previous
order.
(4) The powers conferred by this section shall be exercisable at
any time.
(5) Where the court makes an order under this section it may,
while that order remains in force, make a further such order or vary or
discharge the order.
Effect and duration of orders
83 (1) The making of a care order with respect to a child who is
the subject of a supervision order discharges the supervision order
(2) Where an emergency protection order is made with respect
to a child who is in care, the care order shall have effect subject to the
emergency protection order.
(3) Any care order, other than an interim care order, shall
continue in force until the child reaches the age of 18 years, unless it is
brought to an end earlier.
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(4) Any order made under any other provision of this Act in
relation to a child shall, if it would otherwise still be in force, cease to
have effect when he reaches the age of 18 years.
(5) On disposing of any application for an order under this Act,
the court may (whether or not it makes any other order in response to
the application) order that no application for an order under this Act of
any specified kind may be made with respect to the child concerned by
any person named in the order without leave of the court.
(6) Where an application ("the previous application") has been
made for—
(a) the discharge of a care order;
(b) the discharge of a supervision order;
(c) the substitution of a supervision order for a care order;
or
(d) a child assessment order,
no further application of a kind mentioned in paragraphs (a) to (d) may
be made with respect to the child concerned, without leave of the court,
unless the period between the disposal of the previous application and
the making of the further application exceeds 6 months.
(7) Subsection (6) does not apply to applications made in
relation to interim orders.
(8) Where—
(a) a person has made an application for an order under
section 28;
(b) the application has been refused; and
(c) a period of less than 6 months has elapsed since the
refusal,
that person may not make a further application for such an order with
respect to the same child, unless he has obtained the leave of the court.
Removal of child from Bermuda
84 (1) Where a care order is in force in respect of a child pursuant
to Part IV (care and supervision) or a child is placed in foster care
pursuant to Part VIII (foster care), no person shall remove the child from
Bermuda without an order of the court.
(2) An application for an order under this section shall be
lodged with the court in writing and shall set out the approximate date
when it is intended to take or send the child out of Bermuda, the place to
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which it is intended to take or send the child, the approximate period
during which the child is expected to be absent from Bermuda, and (in
sufficient detail) the purpose for which it is intended to take or send the
child out of Bermuda.
(3) A copy of any such application and a notice of the time and
place at which the court will sit to hear the application shall be served by
the applicant on the parent of the child, and may be served on him either
personally or by registered post.
(4) On the hearing of the application the court shall allow the
parent of the child to be present throughout the proceedings and, if he is
present and so wishes, shall allow him to oppose the application.
(5) If the parent cannot be found or is absent from Bermuda or
for any other reason is unable to be present at the hearing of the
application, or, in the opinion of the court, is incapable of making
representations to the court, then the court may allow any relative of the
child or other responsible person to take the place of the parent for
purposes of subsection (4).
(6) The court shall not grant an application for an order under
this section unless the court is satisfied that it is likely to be for the
welfare of the child that he should be taken or sent out of Bermuda, and
the court shall give due consideration to any representations made by
the parent of the child or by such other person as is mentioned in
subsection (5), and shall also give due consideration to the wishes of the
child, having regard to the age and understanding of the child.
(7) Subject to subsection (8), any person who takes or sends a
child out of Bermuda, or who causes or procures the taking or sending of
a child out of Bermuda, in contravention of this section, commits an
offence and is liable on summary conviction to a fine not exceeding
$3,000 or imprisonment for a term not exceeding 6 months.
(8) It shall be a defence to a charge under subsection (7) for the
accused person to prove that it was urgently necessary on medical
grounds to remove the child from Bermuda and that there was
insufficient time to obtain an order under this section.
Prohibition on publication
85 (1) No person shall publish or make public information that
has the effect of identifying a child who is a witness at or a participant in
a hearing or the subject of a proceeding pursuant to this Act, or a
parent, a foster parent or a relative of the child.
(2) Where the court is satisfied that the publication of a report
of a hearing or proceeding, or a part thereof, would cause emotional
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63
harm to a child who is a participant in or a witness at the hearing or is
the subject of the proceeding, the court may make an order prohibiting
the publication of a report of the hearing or proceeding, or the part
thereof.
(3) Where the court makes an order pursuant to subsection (2),
no person shall publish a report contrary to the order.
(4) A person who contravenes subsection (1) or authorizes,
permits or concurs in such a contravention by a corporation, is guilty of
an offence and on summary conviction is liable to a fine of not more than
$5,000 dollars or to imprisonment for one year.
Regulations
86 (1) The Minister may make such regulations as he considers
necessary for the better carrying out of the purposes of this Act and, in
particular, prescribing, forms, procedure and records.
(2) Regulations under subsection (1) shall be subject to the
negative resolution procedure.
Transitional matters
87 (1) Where, before the day on which Part IV of this Act comes
into operation, any person has been committed to the care of an
approved society or a fit person pursuant to section 8 of the Protection of
Children Act 1943, that person shall be deemed, on the day Part IV of
this Act comes into operation, to have been committed to the care of the
Director pursuant to an order made under section 25.
(2) Where, before the day on which Part VIII of this Act comes
into operation—
(a) any person has been issued a permit to be a foster
parent; or
(b) any foster home has been registered,
pursuant to section 2 of the Foster-Homes Act 1960, that person and
that foster home shall be deemed, on the day Part VIII of this Act comes
into operation and for a period of one year thereafter, to have been
registered as a foster parent or, as the case may be, licensed as a foster
home under section 54.
Repeals
88 The following enactments are repealed:
the Foster-Homes Act 1960
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the Protection of Children Act 1943.
Consequential amendments
89 The enactments specified in column 1 of the Third Schedule are
amended in the manner set out in column 2 of that Schedule.
Commencement
90 This Act or any provision thereof comes into operation on such
day as the Minister may appoint by notice published in the Gazette and
different days may be so appointed for the coming into operation of
different provisions of this Act.
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FIRST SCHEDULE section 29
SUPERVISION ORDERS
GENERAL
Meaning of "responsible person"
1 In this Schedule, "the responsible person", in relation to a
supervised child, means—
(a) any person who has parental responsibility for the child;
and
(b) any other person with whom the child is living.
2 (1) A supervision order may require the supervised child to
comply with any directions given from time to time by the supervisor
which require him to do all or any of the following things—
(a) to live at a place specified in the directions for a period
so specified;
(b) to present himself to a person specified in the directions
at a place and on a day so specified;
(c) to participate in activities specified in the directions.
(2) It shall be for the supervisor to decide whether, and to what
extent, he exercises his power to give directions and to decide the form of
any directions which he gives.
(3) Sub-paragraph (1) does not confer on a supervisor power to
give directions in respect of any medical or psychiatric examination or
treatment (which are matters dealt with in paragraphs 4 and 5).
Imposition of obligations on responsible person
3 (1) With the consent of any responsible person, a supervision
order may include a requirement—
(a) that he take all reasonable steps to ensure that the
supervised child complies with any direction given by the
supervisor under paragraph 2;
(b) that he take all reasonable steps to ensure that the
supervised child complies with any requirement included
in the order under paragraph 4 or 5;
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(c) that he comply with any directions given by the
supervisor requiring him to attend at a place specified in
the directions for the purpose of taking part in activities
so specified or undergo such assessment or treatment as
may be so specified.
(2) A direction given under sub-paragraph (1)(c) may specify
the time at which the responsible person is to attend and whether or not
the supervised child is required to attend with him.
(3) A supervision order may require any person who is a
responsible person in relation to the supervised child to keep the
supervisor informed of his address, if it differs from the child's.
Psychiatric and medical examinations
4 (1) A supervision order may require the supervised child—
(a) to submit to a medical or psychiatric examination; or
(b) to submit to any such examination from time to time as
directed by the supervisor.
(2) Any such examination shall be required to be conducted—
(a) by, or under the direction of, such registered medical
practitioner as may be specified in the order;
(b) at a place specified in the order and at which the
supervised child is to attend as a non-resident patient;
or
(c) at a hospital at which the supervised child is to attend
as a resident patient.
(3) A requirement of a kind mentioned in sub-paragraph (2)(c)
shall not be included unless the court is satisfied, on the evidence of a
registered medical practitioner, that—
(a) the child may be suffering from a physical or mental
condition that requires, and may be susceptible to,
treatment; and
(b) a period as a resident patient is necessary if the
examination is to be carried out properly.
(4) No court shall include a requirement under this paragraph
in a supervision order unless it is satisfied that—
(a) where the child has sufficient understanding to make an
informed decision, he consents to its inclusion; and
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(b) satisfactory arrangements have been, or can be made for
the examination.
Psychiatric and medical treatment
5 (1) Where a court which proposes to make or vary a
supervision order is satisfied, on the evidence of two registered medical
practitioners, one of whom is approved for the purposes of section 12 of
the Mental Health Act 1968, that the mental condition of the supervised
child—
(a) is such as requires, and may be susceptible to,
treatment; but
(b) is not such as to warrant his detention in pursuance of a
hospital order under Part III of that Act,
the court may include in the order a requirement that the supervised
child shall, for a period specified in the order, submit to such treatment
as is so specified.
(2) The treatment specified in accordance with sub-paragraph
(1) must be—
(a) by, or under the direction of, such registered medical
practitioner as may be specified in the order;
(b) as a non-resident patient at such a place as may be so
specified; or
(c) as a resident patient in a hospital.
(3) Where a court which proposes to make or vary a
supervision order is satisfied, on the evidence of a registered medical
practitioner, that the physical condition of the supervised child is such
as requires, and may be susceptible to, treatment, the court may include
in the order a requirement that the supervised child shall, for a period
specified in the order, submit to such treatment as is so specified.
(4) The treatment specified in accordance with sub-paragraph
(3) must be—
(a) by, or under the direction of, such registered medical
practitioner as may be specified in the order;
(b) as a non-resident patient at such place as may be so
specified; or
(c) as a resident patient in a hospital.
(5) No court shall include a requirement under this paragraph
in a supervision order unless it is satisfied—
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(a) where the child has sufficient understanding to make an
informed decision, that he consents to its inclusion; and
(b) that satisfactory arrangements have been, or can be,
made for the treatment.
(6) If a medical practitioner by whom or under whose direction
a supervised person is being treated in pursuance of a requirement
included in a supervision order by virtue of this paragraph is unwilling to
continue to treat or direct the treatment of the supervised child or is of
the opinion that—
(a) the treatment should be continued beyond the period
specified in the order;
(b) the supervised child needs different treatment;
(c) he is not susceptible to treatment; or
(d) he does not require further treatment,
the practitioner shall make a report in writing to that effect to the
supervisor.
(7) On receiving a report under this paragraph the supervisor
shall refer it to the court, and on such a reference the court may make
an order cancelling or varying the requirement.
MISCELLANEOUS
Life of supervision order
6 (1) A supervision order shall cease to have effect at the end of
the period of one year beginning with the date on which it was made.
(2) Where the supervisor applies to the court to extend, or
further extend, a supervision order the court may extend the order for
such period as it may specify.
(3) A supervision order may not be extended so as to run
beyond the end of the period of three years beginning with the date on
which it was made.
Information to be given to supervisor etc
7 (1) A supervision order may require the supervised child—
(a) to keep the supervisor informed of any change in his
address; and
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(b) to allow the supervisor to visit him at the place where he
is living.
(2) Where the supervisor applies to the court to extend, or
further extend, a supervision order the court may extend the order for
such period as it may specify.
Effect of supervision order on earlier orders
8 The making of a supervision order with respect to any child
brings to an end any earlier care or supervision order which—
(a) was made with respect to that child; and
(b) would otherwise continue in force.
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SECOND SCHEDULE Section 46
REGISTERED CHILDREN'S HOMES
Registration
1 (1) An application for the registration of a children's home shall
be made to the Director and shall contain such particulars relating to the
operator of the home, the staff employed in the home and the
accommodation, equipment and facilities provided in the home as the
Director may require.
(2) The Minister may establish requirements in relation to the
staff, facilities and equipment, food and food preparation, health and
safety, discipline, sanitation and records and reports.
(3) The Director shall not register a children's home unless he
is satisfied that it meets or will, within such time as the Director specifies
by notice in writing, meet the requirements established under sub-
paragraph (2).
Conditions
2 (1) The Director may grant an application for registration
subject to such conditions relating to the conduct of the home as he
thinks fit and may vary a condition or impose an additional condition at
any time.
(2) Any person who fails to comply with a condition imposed or
varied under sub-paragraph (1) is guilty of an offence and liable on
summary conviction to a fine not exceeding $2,000.
Annual review
3 (1) The Director shall, before the end of the period of twelve
months from the date of initial registration and annually thereafter,
review the registration.
(2) If the Director is satisfied that the home is being carried on
in accordance with the requirements referred to in paragraph 1, the
Director shall continue the registration.
Cancellation
4 If—
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(a) on an annual review the Director determines that the
home is not being carried on in accordance with the
requirements referred to in paragraph 1; or
(b) the person carrying on the home has been convicted of
an offence referred to in section 55(1)(a),
the Director may cancel the registration of the home from such date as
may be specified in a notice to the person carrying on the home.
Procedure
5 (1) Where—
(a) a person applies for the registration of a children's
home; and
(b) the Director proposes to grant his application,
the Director shall give the applicant written notice of his proposal and of
the conditions (if any) subject to which the Director proposes to grant his
application.
(2) The Director need not give notice if he proposes to grant the
application subject only to conditions which—
(a) the applicant specified in the application; or
(b) the Director and the applicant have subsequently
agreed.
(3) The Director shall give an applicant notice of a proposal to
refuse his application.
(4) The Director shall give any person carrying on a registered
children's home notice of a proposal—
(a) to cancel the registration;
(b) to vary any condition for the time being in force with
respect to the home by virtue of Part VI; or
(c) to impose any additional condition.
(5) A notice under this paragraph shall give the Director's
reasons for the proposal.
Right to make representations
6 (1) A notice under paragraph 5 shall state that within 14 days
of service of the notice any person on whom it is served may in writing
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require the Director to give him an opportunity to make representations
to him concerning the matter.
(2) Where a notice has been served under paragraph 5, the
Director shall not determine the matter until—
(a) any person on whom the notice was served has made
representations to him concerning the matter;
(b) the period during which any such person could have
required the Director to give him an opportunity to make
representations has elapsed without the Director being
required to give such an opportunity; or
(c) the conditions specified in sub-paragraph (3) are
satisfied.
(3) The conditions are—
(a) that a person on whom the notice was served has
required the Director to give him an opportunity to make
representations to the Director concerning the matter;
(b) that the Director has allowed him a reasonable period to
make his representations;
(c) that he has failed to make them within that period.
(4) The representations may be made, at the option of the
person making them, either in writing or orally.
Decision of Director
7 (1) If the Director decides to adopt a proposal to grant an
application, the Director shall serve notice in writing of his decision on
any person on whom the Director was required to serve notice.
(2) A notice under this paragraph shall be accompanied by an
explanation of the right of appeal conferred by paragraph 8.
(3) A decision of the Director, other than a decision to grant an
application for registration subject only to such conditions as are
mentioned in paragraph 5(2) or to refuse an application for registration,
shall not take effect—
(a) if no appeal is brought, until the end of the period of 28
days referred to in paragraph 8(2); and
(b) if an appeal is brought, until it is determined or
abandoned.
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Appeals
8 (1) An appeal against a decision of the Director shall be to the
Minister by notice in writing.
(2) No appeal shall be brought by a person more than 28 days
after service on him of notice of the decision.
(3) On an appeal the Minister may confirm, reverse or vary the
decision of the Director or impose any condition the Minister thinks fit.
(4) The decision of the Minister is final.
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THIRD SCHEDULE Section 89
CONSEQUENTIAL AMENDMENTS
COLUMN 1
Enactment
COLUMN 2
Amendment
Adoption Rules 1964
Section 12(1)(b)
Section 12(1)(b) and
First Schedule Part II
Form 6 item 47
Section 29
Delete "any approved society or" and
substitute "the Director of Child and
Family Services or any".
Delete "Protection of Children Act 1943"
and substitute "Children Act 1998".
Delete "approved society" in the heading
and substitute "body of persons".
Delete "an approved society or other" and
substitute "a".
Delete "society or".
Criminal Appeal Act 1952
Section 11(2)(d)(ii)
Section 11(3)(b)
Delete "an approved society operating a
home for children under the control of the
Minister responsible for Health and Social
Services" and substitute "a residential
home operated under the Children Act
1998".
Delete "section 6(1) of the Protection of
Children Act 1943" and substitute
"section 19 of the Children Act 1998".
CHILDREN ACT 1998
75
Section 11(3)(c) Delete "Foster Homes Act 1960, an order
has been made under section 12 of that
Act relating to the removal of the child to
a place of safety" and substitute "Children
Act 1998, an order has been made under
section 63(2) relating to the removal of the
child and placing him in the care of the
Director".
Sections 7(5), 8(1),
11(2)(d(ii), 13(1) and
15(1)(a)
Delete "Children's Court" and substitute
"Family Court".
Criminal Code Act 1907
Section 71
Delete "Children's Courts" in the heading
and substitute "Family Courts".
Delete "Children's Court" and substitute
"Family Court".
Domestic Violence
(Protection Orders) Act
1977
Section 2
Delete "Protection of Children Act 1943"
and substitute "Children Act 1998".
Education Act 1996
Section 46
The section is repealed and the following
is substituted—
"Persistent truants
46 (1) Where in any proceedings
for an offence under section 44, it appears
to a court that the child in respect of
whom the proceedings are brought—
(a) is a persistent truant; and
(b) is beyond the control of the
parent,
CHILDREN ACT 1998
76
then, whether the parent is convicted or
not, the court may direct that the child be
brought before the Family Court and
place the child in the care of the Director
of Child and Family Services until he can
be brought before the Family Court.
(2) Where a child is brought
before the Family Court in pursuance of
subsection (1), then if it is proved that the
child is a persistent truant and is beyond
the control of his parent, the child shall
be deemed to be suffering significant
harm and the court may deal with the
child in accordance with the Children Act
1998.
(3) In this section—
(a) persistent truant" means a
child who, having been
enrolled as a pupil in a school,
frequently and wilfully fails to
attend at that school;
(b) "Family Court" means the
Family Court referred to in
section 13 of the Children Act
1998;
(c) "child" means a child under
the age of eighteen years.".
Employment of Children
and Young Persons Act
1963
Section 1(1)(a)(ii) and
Section 2(2)
Delete "Protection of Children Act 1943"
and substitute "Children Act 1998".
CHILDREN ACT 1998
77
Evidence Act 1905
Second Schedule Part III
Delete the heading "Protection of Children
Act 1943" and the entry thereunder and
substitute:
"Children Act 1998
any offence"
Government Authorities
(Fees) Act 1971
First Schedule
Government Fees
Regulations 1976
Land Valuation and Tax
Act 1967
Section 3(1)(e)
Delete "Residential Child Care Advisory
Board established by section 2 of the
Protection of Children Act 1943" and
substitute "Child Care Placement Board
established by section 12 of the Children
Act 1998".
Delete sub-paragraph (8) under Head 43
Public Health Act 1949.
Delete section 3(1)(e) and substitute the
following:
"(e)comprising a day care centre
licensed under Part IX of the
Children Act 1998;".
Magistrates Act 1948
Section 27(1)(c)
Delete "a Children's Court under section
12 of the Protection of Children Act 1943"
and substitute "a Family Court under the
Children Act 1998".
Matrimonial Causes Act
1974
Section 1(1)
Delete in the definition of "child of the
family" "Foster-Homes Act 1960" and
substitute "Children Act 1998".
Delete the definition of "Director of Social
Services" and substitute " "the Director"
means the Director of Child and Family
Services;".
Section 47(1) Delete "Foster Homes Act 1960" and
substitute "Children Act 1998".
CHILDREN ACT 1998
78
Section 47(2) Delete "of Social Services".
Matrimonial Proceedings
(Magistrates' Courts) Act
1974
Section 1
Delete in the definition of "child of the
family" the words "Foster-Homes Act
1960" and substitute "Children Act 1998".
Delete the definition of "Director of Social
Services" and substitute " "the Director"
means the Director of Child and Family
Services".
Sections 3(1)(e), 8(1)(ii),
11(1)(d), 11(1)(e)
Section 4(1)
Delete "of Social Services" wherever it
appears.
Delete "Foster-Homes Act 1960" and
substitute "Children Act 1998".
Section 4(1) and (2) Delete "of Social Services".
Mental Health 1968
Section 28
Delete "of approved society" in the
heading.
Delete "an approved society or other
person by virtue of section 8 of the
Protection of Children Act 1943, that
society or" and substitute "the Director of
Child and Family Services or fit person,
the Director or that".
Sections 34(1) and 35(4) Delete "a Children's Court under section 8
of the Protection of Children Act 1964"
and substitute "a Family Court under the
Children Act 1998.
Section 34(2) Delete "under the Protection of Children
Act 1943 and substitute "or the Director
of Child and Family Services under the
Children Act 1998".
CHILDREN ACT 1998
79
Section 37 Delete "a place of safety and his detention
therein" and substitute "the care of the
Director of Child and Family Services".
Section 42(2) Delete "Children's Court" and substitute
"Family Court".
Second Schedule Delete "of approved society" in the entry
relating to section 28.
Misuse of Drugs Act 1972
Schedule 4
Delete paragraph 1(a)(i) and (ii) and
substitute—
"(i) any premises of a school or
day care centre as defined by
the Education Act 1996 or
Part IX of the Children Act
1998;
(ii) any registered children's home
or residential home under the
Children Act 1998".
Public Health Act 1949
Section 167(1a)
Delete "day nurseries, nursery schools".
Rehabilitation of Offenders
Act 1947
Section 5(c)
Delete section 5(c) and substitute—
"(c) in any proceedings under the
Children Act 1998;".
Young Offenders Act 1950
Section 2(1)
Delete the definition of "Children's Court"
and substitute the following—
"Director" means the Director of
Child and Family Services;
"Family Court" has the meaning
given in section 8;.
CHILDREN ACT 1998
80
Sections 8, 9(1) and (2),
10, 11, 12, 13(2), 14,
15(a), 16, 22, 23, 24, 28,
38(a), 77(a) and 78(3)
Delete "Children's Court" wherever it
appears and substitute "Family Court".
Section 16(f) Delete "an approved society (within the
meaning of the Protection of Children Act
1943" and substitute "the Director".
Section 27 Delete the section.
Section 37 Delete "an approved society" wherever it
appears and substitute "the Director".
Section 41 Delete "an approved society operating a
home for children under the control of the
Minister responsible for Health and Social
Services" and substitute "a residential
home operated under the Children Act
1998".
Section 41(c) Delete "an approved society" and
substitute "a residential home operated
under the Children Act 1998.".
