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Childrens - Children In Need Of Care (Ss 14-21)

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14.     When child is in need of care

 

            For the purposes of this Act a child in need of care means a child who-

     (a)     has been abandoned or is without visible means of support;

     (b)     has no parent or guardian or has a parent or guardian who does not or is unfit to exercise proper control over the child;

     (c)     engages in any form of street trading, unless he has been deputed by his parents to help in the distribution of merchandize of a family concern;

     (d)     is in the custody of a person who has been convicted of committing upon or in connection with a child any offence referred to in Part IV; or

     (e)     frequents the company of an immoral or violent person, or is otherwise living in circumstances calculated to cause or conduce to his seduction, corruption or prostitution.

 

15.     Removal of child in need of care to place of safety

 

            (1) Where any person observing a child has reasonable cause to believe that the child is in need of care he shall immediately make a report thereof to the social welfare officer or a police officer in the district in which the child is resident.

            (2) A social welfare officer or police officer to whom a report has been made under subsection (1) may remove or cause to be removed to a place of safety the child in question and shall as soon thereafter as may be, subject to the provisions of section 17(5), bring the child or cause him to be brought before the children's court of the district in which the child is resident.

            (3) Where it appears to a commissioner that a child within the area of his jurisdiction is in need of care he may by order in writing authorize a police officer to enter without a warrant any premises to search for the child and take him to a place of safety to be there kept until he can be brought before a children's court.

            (4) Where a child has been removed or taken to a place of safety the social welfare officer in that district shall, before the child is taken to a children's court, enquire into and submit to the court a report containing such information on the general conduct, home environment, school records and medical history (if any) of the child, together with such recommendations thereon as he may consider necessary.

            (5) Any person who hinders or obstructs a social welfare officer or a police officer in the exercise of the powers conferred on him under this section shall be guilty of an offence.

 

16.     Procedure of court holding enquiry in respect of children in need of care

 

            (1) A commissioner shall preside over a children's court holding an enquiry into a child in need of care and the court shall sit in a room other than that in which any other court ordinarily sits.

            (2) The proceedings of the court shall be held as informally as possible and shall be aimed at protecting the interests of the child.

            (3) No person shall be present at the enquiry except-

     (a)     officers and members of the court;

     (b)     the child concerned and his parents or guardian;

     (c)     the social welfare officer referred to in section 15(4); and

     (d)     such other persons as the court may specially authorize to be present.

 

17.     Holding of enquiry by children's court

 

            (1) Any child alleged to be a child in need of care may be brought before the children's court of the district in which the child resides or happens to be by a social welfare officer or a police officer or the person having custody of the child.

            (2) The court before which a child is brought under subsection (1) shall hold an enquiry and determine whether or not the child is in need of care.

            (3) In determining whether or not a child is in need of care the court shall take into consideration the report and the recommendations made by the social welfare officer under section 15(4).

            (4) A children's court holding an enquiry as to whether or not a child is in need of care may at any time during the enquiry order a Government medical officer to examine the child.

            (5) Where it appears to a children's court that a child who is alleged to be a child in need of care and who is subject to the court's jurisdiction should not, by reason of his infancy, ill-health or other sufficient cause, be brought before the court, it may hold the enquiry in the absence of the child.

 

18.     Power of parent or guardian to bring child before children's court

 

            The parent or guardian of a child may bring the child before a children's court and if he proves that he is unable to control the child and satisfies the court that-

     (a)     it is expedient to deal with the child as a child in need of care; and

     (b)     he understands the results which may follow, and consents to the making of an order under section 19,

the court may make an order under that section in relation to the child.

 

19.     Power of children's court in respect of children in need of care

 

            (1) Where a children's court, after holding an enquiry as provided in section 17, is satisfied that a child is a child in need of care, it may order that the child be-

     (a)     returned to or remain in the custody of his parents or guardian or the person in whose custody he was immediately before the commencement of the proceedings;

     (b)     placed in the custody of a suitable foster parent;

     (c)     sent to a children's home; or

     (d)     sent to a school of industries.

            (2) An order made under paragraph (a) or (b) may also specify that the child be placed under the supervision of a social welfare officer.

            (3) Where an order has been made under the preceding provisions the parent or guardian of the child shall ensure that the child complies with the order.

            (4) A social welfare officer may during the period in which a child is placed under his supervision, and shall on the termination thereof, furnish to the commissioner of the district in which the child resides a report of the behaviour, progress and welfare of the child.

 

20.     Failure of child to comply with order

 

            Any child who fails to comply with an order relating to him under section 19 shall be guilty of an offence and liable on conviction to-

     (a)     a caution or reprimand; or

     (b)     corporal punishment in the customary manner which shall be administered in accordance with the provisions of section 305 of the Criminal Procedure and Evidence Act.

 

21.     Commission of offence by parent or guardian

 

            Any parent or guardian who fails to ensure that his child or ward complies with an order made in respect of the child or ward under section 19 shall be guilty of an offence and liable on conviction to a fine not exceeding P100 or to a term of imprisonment not exceeding three months.