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Childrens - Protection Of Infants (Ss 6-10)

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6.       Notice to be given of reception of infant

 

            (1) Except as provided in subsection (2), any person who receives an infant (hereinafter referred to as a "protected infant") and maintains him apart from his parents for a period exceeding 14 days shall by notice in writing inform the nearest social welfare officer or district commissioner or headman in that area:

            Provided that, where a protected infant is being maintained by an approved child welfare institution, such institution shall inform the social welfare officer assigned to that institution.

            (2) Subject to the provisions of subsection (3), the provisions of subsection (1) shall not apply to the reception of a protected infant by a grandfather, grandmother, brother, sister, uncle or aunt of the infant, or the husband or wife or widower or widow of any such relative of the infant.

            (3) Where a protected infant is an illegitimate child, the relations of such infant as referred to in subsection (2) shall not include any person who is not related to the infant through his mother.

            (4) A protected infant shall not be removed from the custody of a fit person except by a social welfare officer who shall inform a commissioner of such removal.

            (5) If a person maintaining a protected infant changes his residence he shall forthwith by notice in writing inform the social welfare officer of the district to which he has moved.

            (6) If a protected infant dies the person in whose custody the infant was at the time of his death shall forthwith give notice of the death to the social welfare officer and the police in that area, and the social welfare officer shall make the necessary arrangements for the burial of the infant.

 

7.       Duties of Commissioner in connection with protected infants

 

            (1) Where a commissioner has reasonable grounds to believe that-

     (a)     a protected infant is being kept; or

     (b)     any infant is being kept apart from his parents,

in surroundings or circumstances which are not in the best interests of the infant, he shall cause an enquiry to be made into the conditions in which the infant is being kept.

            (2) Where, upon enquiry, the commissioner is satisfied that the conditions in which an infant is being kept are not in the best interest of the infant he may by notice in writing call upon the parents to make, within such time as may be specified by him, suitable provision for the care and custody of the infant.

            (3) Where the address or place of residence of the parents or guardian is unknown, or where, notice having been given under subsection (2), the parents or guardian has failed within the time specified in the notice to make suitable provision for the care and custody of the infant, he shall be dealt with in the manner provided in section 17.

 

8.       Visiting and examination of infants

 

            (1) A commissioner may by writing under his hand authorize a social welfare officer to visit and inspect any protected infant resident in his district.

            (2) A social welfare officer authorized under subsection (1) shall from time to time visit and inspect any protected infant and the premises in which such infant is kept in order to ensure proper care and maintenance of the infant.

            (3) A commissioner may at any time direct that a protected infant, or an infant referred to in section 7(1)(b), who is kept within his district be medically examined by a Government medical officer.

            (4) Any person who, having the custody of an infant, refuses to allow the inspection or examination authorized under this section, and any person who hinders the carrying out of any such inspection or examination, shall be guilty of an offence.

 

9.       Limitation of number and age of protected infants to be kept in premises

 

            (1) A commissioner may, by order in writing addressed to the occupier of any premises in which any protected infant is kept, specify the number of infants which may be kept in those premises, and may in such order prohibit the keeping in those premises of any protected infant of an age less than that specified in the order.

            (2) Any person who contravenes any provision of this section or of any order made thereunder shall be guilty of an offence.

 

10.     Certain persons may not keep protected infants

 

            If any person-

     (a)     from whose custody an infant has been removed in terms of an order made under this Act; or

     (b)     who has been convicted of an offence under Part IV,

keeps a protected infant without the authority of a commissioner, or if any person knowingly causes a protected infant to be kept by any such person without such authority, he shall be guilty of an offence.