L.R.O. 1/ 2012
LAWS OF GUYANA
CHILDCARE AND PROTECTION AGENCY ACT
CHAPTER 46:07
Act
2 of 2009
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 13 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 46:07
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title and commencement.
2. Interpretation and application.
PART II
ESTABLISHMENT AND FUNCTIONS OF CHILDCARE AND
PROTECTION AGENCY
3. Establishment of Agency.
4. Duty of Agency in implementation of policies and decisions.
5. Functions of Agency.
6. Policy.
PART III
DIRECTOR AND STAFF OF AGENCY
7. Director and staff of the Agency.
PART IV
GUIDING PRINCIPLES AND PROTECTION OF PRIVACY
8. Welfare of child paramount.
9. Criteria for decisions.
10. Protection of privacy in proceedings.
PART V MISCELLANEOUS
11. Power of Minister to give directions.
12. Regulations.
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CHILDCARE AND PROTECTION AGENCY ACT
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2 of 2009
Short title.

Interpretation.
PART 1
PRELIMINARY
1. This Act may be cited as the Childcare and
Protection Agency Act.
2. In this Act, unless the context otherwise requires –
"abuse" includes –
(a) the physical infliction of injury or
harm on a child by a person having
authority, care or custody over a
child;
(b) the sexual exploitation of a child,
molestation of a child, or the
involvement of a child in unlawful
sexual activity, prostitution or
pornography; and
(c) any other unlawful act likely to cause
physical, psychological or emotional
harm to a child;
"Agency" means the Childcare and Protection Agency
established by section 3;
"child" means a person under the age of eighteen years and
shall also include a person who attains the age of
eighteen years while under care or protection in
TH
the laws governing children
implement the policy and decisions in relation to
and Protection Agency the duties of which are to
An Act to to provide for the establishment of a Childcare
CHILDCARE AND PROTECTION AGENCY ACT
CHAPTER 46:07
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Establishment of
agency

Duty of Agency in
Implementation
Of policies and
Decisions.
accordance with any law or is, because of some
disability, certified by the Director as being in need of
care or protection on and after attaining that age for
such period as may be specified by the Director;
"childcare facility" means a place where children are cared
for and includes a children's home, a foster home, a
children's nursery and a pre-school;
"Director" means the Director of the Agency appointed
under section 7;
"Minister" means the Minister responsible for social
services;
"neglect" means the failure or refusal, without reasonable
cause, of a person having care of a child to provide the
child with basic needs such as food, clothing, shelter,
adequate supervision or medical attention.
PART II
ESTABLISHMENT AND FUNCTIONS OF CHILDCARE
AND PROTECTION AGENCY
3. There is established an Agency of the Government
to be known as the Childcare and Protection Agency
comprising the Director and other officers and employees
of the Agency.
4. (1) Notwithstanding any other law, the Agency
shall have responsibility for the implementation of the
policy and decisions in relation to the laws governing
children which include –
(a) childcare and development services,
foster homes and voluntary
organisations;
(b) status of children;
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Functions of
Agency.

(c) adoption of children;
(d) protection of children; and
(e) custody, contact, guardianship and
maintenance of children.
(2) Where there is a board or other body
administering any of the laws mentioned in subsection (1),
the Agency shall be responsible for implementing the
policy and decisions of that board or other body, as the
case may be and where there is no board or other body the
Agency shall be responsible for implementing the policy
enshrined in the law and the decisions taken under such
law.
(3) In relation to matters not covered by the laws
mentioned in subsection (1) the Agency has complete and
final jurisdiction in relation to those matters.
5. (1) The functions of the Agency include –
(a) to provide and maintain childcare
centres and facilities for children in
need of care and protection in order to
promote care and protection for
children;
(b) to provide counselling and other
services, including basic services such
as shelter, food and education, for
children in need of care and
protection, and to provide counselling
and similar services for the parents
and guardians of those children;
(c) to place children in foster homes or
orphanages or other places of care
where protection of the children can
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be obtained;
(d) to supervise foster children and foster
parents;
(e) to promote prescribed standards and
other requirements of care for
children who are in childcare facilities
or in any other setting to ensure the
best development of the child and
that regulations are complied with
and minimum standards are met by
private orphanages and other such
homes and centres where children are
being cared for;
(f) to promote good parenting education,
parental responsibility and practices;
(g) to assess applications for foster care,
guardianship and adoption and to
make recommendations and provide
assistance to the courts and other
authorities involved in determining
such applications;
(h) to make timely interventions in cases
where the actions or conduct of a
person, where that person has
authority, care or custody of a child,
have resulted in or are likely to give
rise to abuse of the child;
(i) to provide services for the recovery
and rehabilitation of children who
have suffered abuse;
(j) to investigate allegations, reports or
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complaints of abuse or neglect of
children;
(k) to provide care and protection for
children under special vulnerability
including orphans, children infected
with or affected by HIV/AIDS and
children with mental or physical
disabilities;
(1) to provide training for persons
engaged in the care and protection of
children;
(m) to co-ordinate and monitor the
activities of other persons, including
non- governmental organisations
engaged in the management of cases
of child abuse and neglect;
(n) to take any necessary action against
any private person or organisation to
ensure that safety and well-being of
children under the care of that person
or organisation are promoted and
protected;
(o) to promote the rights of the child and
to promote public awareness of those
rights;
(p) to license and register private
childcare facilities and to ensure their
compliance with the standards and
regulations;
(q) to liaise with regional and
international organisations in matters
relating to the welfare of children;
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Policy.

Director and staff
of the agency.


Welfare of child
Paramount.
(r) to make proposals and
recommendations on the enactment
or improvement of laws relating to
the welfare of children.

(2) In discharging its functions, the Agency shall
act in accordance with this Act and any other law, the
directions of the Minister and the policy of the
Government.
6. The Agency shall formulate and recommend
policies and programmes of the Agency for approval by
the Minister.
PART III
DIRECTOR AND STAFF OF AGENCY
7. (1) The Minister shall appoint a Director of the
Agency and may, on the recommendation of the Director,
engage such other officers and employees as may be
required from time to time for the discharge of the
functions of the Agency.
(2) The Director shall be responsible for the
discharge of the functions of the Agency and the
management of the affairs of the Agency.
(3) The Director may sue on behalf of the
Agency and may represent the Agency if the Agency is
sued.
PART IV
GUIDING PRINCIPLES AND PROTECTION OF
PRIVACY
8.(1) In determining any matter relating to –

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Criteria for
decisions.

(a) the welfare or upbringing of a child;
or
(b) the administration of a child's
property or income,
the person who has authority to determine the matter shall
ensure that the welfare of the child is paramount.
(2) In all matters relating to a child, whether before
a court or any other authority, regard shall be had to the
need to determine the matter without undue delay in order
to ensure that the welfare of the child is not prejudiced or
adversely affected by the delay.
9. In determining any question relating to the
circumstances provided for in section 8, the person who
has authority to determine the question shall have regard
in particular to –
(a) the ascertainable wishes and feelings
of the child concerned, in the light of
the child's age and capacity to
understand the matter to be
determined;
(b) the child's physical, emotional and
educational needs;
(c) the likely effects of any changes in the
child's circumstances;
(d) the age, sex and background of the
child and any other relevant factors;
(e) any harm or injury the child has
suffered or is likely to suffer; or
(f) the capacity of the child's parents,
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Protection of
privacy in
proceedings.

guardians or other persons involved
in the care of the child in meeting the
needs of the child.
10. (1) In any proceedings involving a child, whether
before a court or any other authority established by or
under any law, and for the purpose of protecting the
welfare of the child, the court or other authority may
exclude from the proceedings any person whose presence
is not necessary for the conduct or determination of those
proceedings.
(2) Subject to the regulations made under
subsection (5), no person shall publish any information
relating to the proceedings referred to in subsection (1) in a
manner that discloses –
(a) the name of the child or any
information from which the identity
of the child may be inferred; or
(b) the name of a person concerned in the
matter or any information on that
person from which the identity of the
person may be inferred.
(3) For the purposes of subsection (2), proceedings
involve a child if the child is –
(a) the subject of the proceedings;
(b) a witness in the proceedings;
(c) a person aggrieved by or the victim of
the alleged abuse or neglect in the
proceedings.
(4) Subsection (2) shall not be construed as
prohibiting the disclosure of information –
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Power of Minister
to give directions.

(a) in the course of the administration of
this Act or the administration of
justice;
(b) to a professional or other person
engaged in the care or supervision of
a child;
(c) in order to ensure the safety of the
child or other persons if the child
poses a risk of serious harm or injury
to himself or to other persons; or
(d) if the disclosure of the information is
necessary to assist in apprehending
the child in connection with a
criminal offence or for the purpose of
placing or restoring the child under
care or protection.
(5) The Minister may make regulations providing
for additional circumstances, conditions and other matters
under which the information referred to in subsection (2)
may be published.
(6) Any person who contravenes this section
commits an offence and is liable on summary conviction to
a fine of two hundred and fifty thousand dollars and to
imprisonment for six months.
PART V
MISCELLANEOUS
11. The Minister may give the Agency directions of a
general nature relating to the performance of its functions
and may direct the Agency on any matter which, in the
opinion of the Minister, affects Government policy and the
Agency shall be bound to carry out the directions.
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Regulations. 12. The Minister may make regulations for carrying
out the purposes of this Act.
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