Child Rights Protection Act 2015
TITLE 26 - FAMILY
CHAPTER 10 - CHILD RIGHTS PROTECTION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
CHILD RIGHTS PROTECTION ACT 2015
Index
Section Page
PART I – PRELIMINARY 3
§1001. Short Title. ............................................................................................................................. 3
§1002. Interpretation. ....................................................................................................................... 3
§1003. Application of this Act. ........................................................................................................ 6
§1004. Objectives. ............................................................................................................................. 6
§1005. Principles. .............................................................................................................................. 6
§1006. Guarantees of the Rights of the Child. .............................................................................. 7
PART II – RIGHTS OF THE CHILD 7
§1007. Legal Assistance and Access to Justice. ............................................................................. 7
§1008. Right to Parental Care. ......................................................................................................... 7
§1009. Right to Education. ............................................................................................................... 8
§1010. Protection of the Right to Privacy. ..................................................................................... 8
§1011. Leisure and Play. .................................................................................................................. 8
§1012. Protection from Harmful Customary Practices................................................................ 9
§1013. Right to Health. ..................................................................................................................... 9
§1014. Protection from Narcotic Drugs, Alcohol and Tobacco Products. ................................ 9
§1015. Children belonging to Minority Groups. ........................................................................ 10
§1016. Right to Safe Accommodation and Alternative Care. ................................................... 10
§1017. Children with Disabilities. ................................................................................................ 11
§1018. Prohibition of the Abduction, Sale of and Trafficking in Children. ............................ 11
PART III – IMPLEMENTATION AND APPLICATION 13
§1019. Ministry’s Obligations. ...................................................................................................... 13
§1020. Human Rights Committee. ............................................................................................... 13
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§1021. Role of Non-Governmental Organizations. ................................................................... 14
§1022. Child Protection Service Providers. ................................................................................ 15
§1023. Licensing and Training for Child Protection Service Providers. ................................ 15
§1024. Financial Responsibilities for the Ministry. .................................................................... 16
§1025. International Cooperation. ............................................................................................... 16
PART IV – CHILD PROTECTION MEASURES 16
§1026. National Child Hotline. ..................................................................................................... 16
§1027. Media. .................................................................................................................................. 17
§1028. Reporting Obligations. ...................................................................................................... 17
§1029. Investigation and Intervention Obligations. .................................................................. 18
§1030. Care Order and Supervision Order. ................................................................................ 19
§1031. Administration and Monitoring of Alternative Care. .................................................. 20
§1032. Medical and Psychological Assistance, Rehabilitation and Reintegration
Measures. ............................................................................................................................ 20
§1033. Sanctions for Crimes Against Children. ......................................................................... 21
§1034. Right to Fair Compensation. ............................................................................................ 22
§1035. Forfeiture of Assets. ........................................................................................................... 22
PART V – PROTECTION OF CHILDREN IN THE JUSTICE SYSTEM 22
§1036. Principles for Judicial Proceedings Involving Children. .............................................. 22
§1037. Protection of Child Victims and Child Witnesses. ........................................................ 23
§1038. Children in Conflict with the Law. .................................................................................. 25
§1039. Sentencing Guidelines for Children in Conflict with the Law. ................................... 25
§1040. Protection of Children Deprived of their Liberty. ......................................................... 26
PART VI – FINANCIAL PROVISIONS 27
§1041. Child Protection Fund. ...................................................................................................... 27
PART VI – MISCELLANEOUS PROVISIONS 28
§1042. Relationship with other Acts and International Conventions. .................................... 28
§1043. Regulations. ........................................................................................................................ 29
§1044. Severability. ........................................................................................................................ 29
§1045. Repeal. ................................................................................................................................. 29
§1046. Effective Date. ..................................................................................................................... 29
TITLE 26 - FAMILY
CHAPTER 10 - CHILD RIGHTS PROTECTION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
CHILD RIGHTS PROTECTION ACT 2015
AN ACT to declare the rights of children and provide for their protection, promotion,enforcement, and implementation in the Republic of the Marshall Islands as required under
the United Nations Convention on the Rights of the Child.
Commencement: October 19, 2015
Source: P.L. 2015-50
PART I – PRELIMINARY
§1001. Short Title.
This Chapter may be cited as the Child Rights Protection Act 2015.
§1002. Interpretation.
In this Chapter, unless the context requires:
(a) “Child” shall mean any person who is below 18 years;
(b) “Child abuse or neglect” shall mean the acts or omissions of
any person which have resulted in the physical or
psychological health or welfare of a child to be harmed, or to
be subject to any reasonably foreseeable, substantial risk of
being harmed. The acts or omissions are indicated for the
purposes of reports by circumstances which include but are
not limited to the following:
(i) When the child exhibits evidence of:
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(A) Substantial or multiple skin bruising or any other
internal bleeding;
(B) Any injury to the skin causing substantial
bleeding;
(C) Malnutrition;
(D) Failure to thrive;
(E) Poisoning;
(F) Fracture of any bone;
(G) Sub-dural hematoma;
(H) Soft tissue swelling;
(I) Extreme pain;
(J) Extreme mental distress;
(K) Gross degradation;
(L) Death; and Such injury is not justifiably
explained, or when the history given concerning
such conditions or death is at variance with the
degree or type of such condition or death, or
circumstances indicate that such condition or
death may not be the product of accidental
occurrence; or
(ii) When the child has been the victim of sexual contact or
conduct, including but not limited to sex crimes or other
forms of sexual exploitation as provided under the this
Act or the Criminal Code; or
(iii) Where there exists injury to the psychological capacity
of the child as is evidenced by an observable and
substantial impairment of the child’s ability to function;
or
(iv) When the child is not provided in a timely manner with
adequate food, clothing, shelter, psychological care,
physical care, medical care, or supervision; or
(v) When the child is provided with narcotic drugs, alcohol
or tobacco products.
(c) “Committee” shall mean the Human Rights Committee
established under the Human Rights Committee Act 2015;
(d) “Convention” shall mean the United Nations Convention on
the Rights of the Child;
(e) “Maltreatment” shall mean any intentional or willful act
resulting in physical, mental, or emotional harm to the child or
any omission by a parent, guardian, or care-giver to protect
children from such harm, and in general all forms of violence,
aggression, cruel, degrading, or humiliating treatment of a
child;
(f) “Minister” shall mean the Minister of Internal Affairs;
(g) “Ministry” shall mean the Ministry of Internal Affairs;
(h) “Narcotic drugs” shall have the corresponding definition in
the Narcotics Drugs (Prohibition and Control) Act 1987;
(i) “other laws of the Republic” shall include Acts, regulations,
policies;
(j) “Exploitation” shall mean:
(i) Sexual exploitation, including commercial sexual
exploitation of children in the form of child prostitution,
child sex tourism, child pornography, and child
trafficking for these purposes;
Economic exploitation, including the worst forms of child
labor, child begging, children’s work and child domestic work
not in accordance with the regulations of this Act; and Other
forms of exploitation, including all forms of slavery or
practices similar to slavery, debt bondage or servitude;
(k) “Secretary” shall mean the Secretary of Internal Affairs;
(l) “Sexual abuse” of children shall mean any:
(i) Engagement or incitement of a child under the age of
consent to participate in sexual activities in violation of
Article 42 of this Law;
Engagement in sexual activities with a child in abuse of a
position of trust or authority such as that of parent, guardian
or care-giver;
(m) “Sexual activities” shall mean sexual intercourse and any
other act performed on, by, with, or in front of a child where
the presence or participation of the child is for the purpose of
the sexual gratification of another person;
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(n) “Parents” shall mean the natural, adoptive, or foster parents of
a child;
(o) “Guardians” shall have the corresponding definition under
the Marshall Islands Guardianship Act 1984;
(p) “Care-giver” shall mean any person other than a parent or
guardian who factually cares for a child, due to a professional
or non-professional relationship, in a permanent or temporary
manner.
(q) “Human Rights Committee” means the Committee
established under the Human Rights Committee Act 2015
responsible for the implementation and realization of human
rights in the Republic.
§1003. Application of this Act.
(1) This Act applies to every person in the Marshall Islands, irrespective
of the person’s nationality or citizenship.
(2) This Act binds the State, including every Government department
and statutory authority and every person in the employment of the
Government.
§1004. Objectives.
(1) The objectives of this Act are:
(a) to protect children from discrimination, exploitation and any
other physical, emotional or moral harm or hazards;
(b) to provide care and protection to children who are in need of
care and protection; and
(c) generally, to promote the protection, development and welfare
of children.
§1005. Principles.
(1) In lawful relations that affect a child, the rights and best interests of
the child shall take priority.
(2) In all activities in regard to a child, irrespective of whether they are
carried out by national or local government institutions, public
organizations or other natural or legal persons engaged in the care
and upbringing of the child, and the courts and other law
enforcement institutions, the ensuring of the best interests of the child
shall take priority.
(3) Protection of the rights of the child shall be realized in collaboration
with the family, national and local government institutions, public
organizations and other natural and legal persons.
§1006. Guarantees of the Rights of the Child.
Guarantees for the rights of the child shall be as determined by the
Constitution, this Chapter, other rules and policies, and relevant
international covenants and conventions enforced in the Republic.
PART II – RIGHTS OF THE CHILD
§1007. Legal Assistance and Access to Justice.
(1) Pursuant to Article II of the Constitution, a child shall be afforded
legal assistance for the realization and protection of his/her rights.
(2) In order to ensure the child’s access to justice, it shall be
provided that:
(a) Legal assistance is free-of-charge if the child has no legal
representation;
(b) Legal assistance adheres to the principles of non-
discrimination and the best interests of the child, including
informing the child about the legal proceedings in a way that
the child understands;
(c) The privacy of the child is protected and the child’s identity is
not released to the public; and
(d) Other necessary protective measures for child victims and
child witnesses.
(3) Children accused of having violated the law shall have their cases
heard pursuant to the Juvenile Procedure Act.
§1008. Right to Parental Care.
(1) A child shall have a right to live with and to be cared for by
his/her parents.
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(2) Subject to subsection (1), where the High Court determines in
accordance with the law that it is in the best interests of the child to
be separated from his/her parent, the best alternative care available
shall be provided for the child.
(3) Where a child is separated from his/her family without the leave of
the High Court, the Government shall provide assistance for
reunification of the child with his/her family.
(4) The recording of families in need of assistance shall be organized by
the Office of the Rights of the Child.
§1009. Right to Education.
(1) Every child has the right to education which would develop his/her
cultural knowledge, intellect, abilities, views, moral and social
responsibility.
(2) Corporeal punishment shall be prohibited.
§1010. Protection of the Right to Privacy.
(1) No child shall be subjected to arbitrary or unlawful interference with
his/her privacy or family, nor to unlawful attacks on
his/her reputation.
(2) The child has the right to protection of the law against such
interference or attacks.
§1011. Leisure and Play.
(1) The child’s right to leisure, recreation, and play, appropriate to
her/his age, physical and mental development shall be protected. The
child’s participation in sports, cultural events, art, and other leisure
activities shall be promoted.
(2) Any forced or harmful involvement of children in political or
religious activities, in social, cultural, and sporting events, and in
contests in which the child’s appearance is evaluated shall
be prohibited.
§1012. Protection from Harmful Customary Practices.
(1) A child shall be protected against any social, cultural, ritual, or
traditional practice that is harmful to his/her safety, health,
development, or well-being.
(2) A minimum age for marriage shall be established under the
Registration of Births, Deaths and Marriages Act.
§1013. Right to Health.
(1) The Government recognizes the right of the child to the enjoyment of
the highest attainable standard of health and to facilities for the
treatment of illness and rehabilitation of health. The Government
shall strive to ensure that no child is deprived of his/her right of
access to such health care services.
(2) Parents and guardians shall not be allowed to intentionally refuse
any required preventive or necessary medical exam and treatment for
their child regardless of their religious and moral beliefs. In case of
such refusal, a court may order the parents or guardians to provide
the child with the required treatment.
(3) Without prejudice to the progress of science, any type of scientific
experimentation that is detrimental to the child’s life, health, or
personal development shall be prohibited even if the child and/or
her/his parents or guardians consent to the procedure.
§1014. Protection from Narcotic Drugs, Alcohol and Tobacco Products.
(1) Children shall be protected from the use of narcotic drugs, alcohol
and tobacco products.
(2) The use or engagement of children in the production, distribution, or
trafficking of such substances shall be prohibited.
(3) Any person contravening this Section or inducing a child to use these
substances shall be guilty of an offence and upon conviction shall be
liable to a fine of $5,000 or imprisonment of not more than one year,
or both.
(4) Relevant authorized national or local officials shall display
conspicuously in or at any public place or business premises,
including retail shops, wholesale shops, hotel lobbies, movie theaters,
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restaurants, small take-out shops, schools and other national or local
buildings, an advertisement to the general public on the this Section
and the dangers relating to the use of narcotic drugs, alcohol and
tobacco products.
§1015. Children belonging to Minority Groups.
(1) Children belonging to national, ethnic, religious, and linguistic
minorities shall be protected from neglect, abuse, maltreatment, and
exploitation.
(2) In particular, it shall be prohibited to –
(a) Restrict or exclude the child from full, active, and effective
participation and inclusion in society; and
(b) Deny opportunities for education, development, health, and
self-realization equal to those of children not belonging to a
minority group.
§1016. Right to Safe Accommodation and Alternative Care.
(1) Child victims and children at risk of neglect, abuse, maltreatment,
and exploitation shall be entitled to find accommodation in a place of
safety. This right shall include temporary and long-term
accommodation of the child in such a place of safety and the relevant
aftercare.
(2) To guarantee this right, the various forms of alternative care shall be
established by law/regulation. They shall be operated by
governmental or non-governmental child protection service
providers or in cooperation of both.
(3) Alternative care shall comprise:
(a) Informal care, meaning any private arrangement provided in a
family environment, whereby the child is looked after on an
ongoing or indefinite basis by relatives or other persons close
to the child in their individual capacity, at the initiative of the
child, her/his parents, or other person without this
arrangement having been ordered by the High Court;
(b) Formal care, meaning all care provided in a family
environment which has been ordered by the High Court, and
all care provided in a residential environment whether or not
as a result of administrative or judicial measures;
(c) Family-based care, meaning:
(i) kinship care within the child’s extended family or other
persons close to the child, and
(ii) foster care, where children are placed by the High
Court in the domestic environment of a family other
than the child’s that has been selected, qualified,
approved, and supervised for providing such care;
§1017. Children with Disabilities.
(1) The rights of children with disabilities and the protection, promotion
and enforcement of those rights are provided under the Rights to
Persons with Disabilities Act.
§1018. Prohibition of the Abduction, Sale of and Trafficking in Children.
(1) The abduction, sale of, and trafficking in children for any purpose or
in any form shall be prohibited and established as
punishable offenses.
(2) Abduction of children shall mean:
(a) Unlawfully removing a child from his/her place of residence
by means of force, threat, deception, abuse of power, or
enticement, or
(b) Unlawfully taking a child away from the legal custody of the
child’s parents, guardian or care-giver, whether committed,
facilitated, or coordinated inside the Republic or involving
transit to or through the Republic. This includes cases of
abduction in which one of the actors is a parent of the child.
(3) Sale of children shall mean any act or transaction, including the
offering, delivering, or accepting of a child by whatever means,
whereby the custody over the child is transferred by a person or
group of persons to another for remuneration or any other
consideration.
(4) Trafficking in children shall mean the recruitment, transportation,
transfer, harboring or receipt of children, whether or not by means of
threat or use of force, other forms of coercion, abduction, fraud,
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deception, the abuse of power or a position of vulnerability, or the
giving or receiving of payments or benefits to achieve the consent of
the parents, guardian, care-giver or any other person having control
over the child, for the purpose of exploitation, including for the
purpose of:
(a) Economic exploitation and forced or compulsory labor,
including the worst forms of child labor, children’s work not
in accordance with the regulations of this Law, child begging,
child domestic work, and exploitative participation in sporting
events;
(b) Sexual exploitation, child prostitution, child sex tourism, child
pornography, and participation in sexually oriented
performances and establishments;
(c) Any other illicit purposes.
(5) Principle of Non-Punishment of Child Victims
(a) A child which became victim of sexual exploitation, including:
(i) A child in prostitution,
(ii) A child victim of sex tourism,
(iii) A child victim of the production, distribution, or
consumption of child pornography, and
(iv) A child victim of trafficking shall not be criminalized
for any unlawful act committed as a direct result of
being a child victim of exploitation, such as engaging in
prostitution, using false documents, or entering the
country without documentation, and no punishment
may be inflicted on her/him.
(6) Child victims of abduction, sale, or trafficking shall have access to the
means of protection established in Part III of this Act and other laws
of the Republic. Prevention activities shall include conducting
research into the root causes of child abduction, sale, and trafficking
and raising awareness on the issue.
PART III – IMPLEMENTATION AND APPLICATION
§1019. Ministry’s Obligations.
(1) In consultation with the Minister and Secretary, the Public Service
Commission shall appoint appropriate staff qualified by education
and experience to implement subsection (2).
(2) The Ministry shall have responsibilities including but not limited to
(a) serving as the Republic’s operational focal point with respect
to the Convention on the Right of the Child;
(b) rendering advice and guidance to the general public on child
rights and child welfare;
(c) providing administrative and logistical support on issues
involving children;
(d) raising awareness on the child right and child welfare;
(e) in collaboration with national or local police, undertaking
assessments and investigations into allegations of child abuse
and neglect;
(f) issuing licenses verified by the Human Rights Committee to
child protection service providers;
(g) in collaboration with relevant public officials, keep a registry
of children and other relevant data such as incidences, nature
and scope of child abuse and neglect;
(h) Submitting periodic reports from the Committee to the
International Committee on the Rights of the Child;
(i) other responsibilities specified in this Act.
§1020. Human Rights Committee.
(1) Further to its functions under the Human Rights Committee Act 2015,
the additional functions of the Committee in relation to the rights of
the child shall be to:
(a) Advise the Cabinet on policies and strategies on child rights
and child welfare;
(b) Advise the Cabinet on the making of regulations to further
implement this Act;
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(c) Seeking capacity-building opportunities for public officials
dealing with children such as national or local police, nurses
and doctors, and teachers;
(d) Verifying licenses for child protection service providers;
(e) Advise the Ministry to file for care orders or supervision
orders with the High Court;
(f) Form a sub-committee to hear complaints related to child
rights and child welfare;
(g) Refer instances of child abuse and neglect to the Office of the
Attorney-General for prosecution;
(h) Report annually to the Cabinet on its activities in respect of the
rights of the child;
(i) Prepare and finalize periodic reports to the International
Committee on the Rights of the Child as required by the
Convention;
(j) Perform any other functions conferred on the Committee by
the Cabinet or the Minister.
§1021. Role of Non-Governmental Organizations.
(1) The role of non-governmental organizations (NGOs) is as follows:
(a) NGOs may investigate the circumstances, behavior and
conditions of upbringing of children, and assess without delay
the needs of those who are believed to be living in
unacceptable conditions, to be mistreated, or to have serious
social problems.
(b) NGOs may advise the Ministry or Committee on the efficiency
and effectiveness of human rights measures taken by the
Government.
(c) NGOs shall apply those child protection measures provided in
this Act which are most applicable at any time, and which are
deemed the most suitable to safeguard their interests and
welfare.
(d) NGOs may undertake other tasks they so choose with respect
to the Convention, including raising awareness on child rights
and child welfare.
(e) NGOs may develop and submit their own reports to the
International Committee on the Rights of the Child with
respect to the Republic’s implementation of the Convention.
§1022. Child Protection Service Providers.
(1) Child protection service providers shall carry out the system of child
protection measures established under this Act and other laws of the
Republic. Service providers shall include governmental and non-
governmental child protection organizations and institutions,
support families, and individuals.
(2) Law enforcement units specially trained in handling child protection
cases and in dealing with children shall be established.
(3) Services shall include education and leisure activities, programs of
support and assistance to parents, other family members, and
guardians, measures of investigation and intervention in cases where
children are at risk of neglect, abuse, maltreatment, and exploitation
and in need of medical assistance, psychological counseling, legal aid,
and safe accommodation and alternative care for actual or potential
child victims.
§1023. Licensing and Training for Child Protection Service Providers.
(1) In order to establish a child protection institution or organization or
to render individual child protection services, a license must be
obtained from the Committee through the Ministry. The
requirements for the application to and the granting of licenses shall
be specified under regulations.
(2) In order to obtain a license, service providers must abide by certain
minimum standards of safety and hygiene as specified by
law/regulation to protect the safety, health, development, and well-
being of children.
3) Any person to be employed by a child protection service provider
shall provide documents showing that she/he has never been
convicted of an offense of child sexual abuse, child sexual or
economic exploitation, child trafficking, of violation of care and
education obligations. Any person who committed an offence against
a child in violation of this Law Act not be employed or retained in
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any way by a child protection organization or institution and may not
offer services as part of a support family or as an individual.
(4) All persons offering child protection services shall receive adequate
and continuous training to prepare them for their work with children.
§1024. Financial Responsibilities for the Ministry.
(1) The Minister shall ensure that a sufficient amount of its budget is
available to fund the activities of the Ministry under this Act.
(2) If a case of child protection requires the intervention of the Ministry
or Committee, parents or guardians may be ordered to pay for the
protection and maintenance of the child, specifically the costs of the
child’s stay in a place of safe accommodation or in alternative care,
unless they do not have the necessary financial resources.
§1025. International Cooperation.
(1) The Committee, through the Ministry, shall coordinate with child
protection authorities from other countries to achieve the objectives
of this Act. It shall:
(a) Share best practices of child protection;
(b) Exchange information and cooperate in the implementation of
laws regarding cases of child protection with a cross border
aspect, such as inter-country adoption or its functional
equivalents or guardianship, international child abduction,
wrongful removal or retention of children, and child
trafficking, regarding the identity and whereabouts of children
and their parents, and data on organized crime;
(c) Cooperate with international organizations and participate in
international efforts to promote respect for children’s rights.
PART IV – CHILD PROTECTION MEASURES
§1026. National Child Hotline.
(1) A national child hotline to which children can turn to ask for advice
and support shall be established and operated by the Ministry. Its
existence shall be widely publicized. Through the national helpline,
children shall be informed about the options available to them,
including possibility to submit their case to the formal
response system.
(2) Alternative mechanisms such as websites and the use of social media
can be established instead or in addition to the national
child helpline.
§1027. Media.
(1) It shall be prohibited to show, sell, give as a gift, rent or promote to a
child films, newspapers, magazines and other types of publications,
in which cruel behavior, violence, erotica and pornography are
promoted and which pose a threat to the development of a child.
(2) Films are those with a U.S. rating other than “G” or “PG” or any
variation thereof.
(3) It shall be prohibited for a child to be in places where such films,
newspapers, magazines and other types of publications are
manufactured or shown.
(4) Any person or business which contravenes this Section shall be guilty
of an offence and shall upon conviction be liable to a fine not
exceeding $5,000 or a term of imprisonment for a period not
exceeding 1 year, or both.
§1028. Reporting Obligations.
(1) Any person who becomes aware of a situation or act which may
amount to child neglect, abuse, maltreatment, and exploitation in the
course of exercising their care for or work with children, shall
immediately report the same to the Ministry whom will in turn
contact national or local police notwithstanding any other law
concerning occupational confidentiality to the contrary. Upon
request, any such person is obligated to communicate all information
that is likely to facilitate the investigation and to identify perpetrators
or victims. Such persons are as follows:
(a) Any licensed or registered professional of the healing arts and
any health- related occupation who examines, attends, treats
or provides other professional or specialized services,
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including but not limited to physicians, psychologists, nurses,
dentists and other health-related professionals;
(b) Employees or officials of any public or private school;
(c) Employees or officials of any public or private agency or
institution, or other individuals providing social, medical,
hospital or mental health services;
(d) Employees or officials of any law enforcement agency,
including but not limited to the courts, police departments,
correctional institutions, and parole or probation officers;
(e) Individual providers of child care, or employees or officials of
any child care similar facility; and
(f) Employees of any public or private agency providing
recreational or sports activities.
(2) Any other person not required to report under subsection (1) shall
report the matter to the Ministry.
(3) Anyone providing such information in good faith shall be exempt
from civil or criminal liability which may be linked to the act
of reporting.
(4) The confidentiality of the information provided in accordance with
subsections (1) and (2) of this Section shall be guaranteed. The
identity and other personal details of the family member, care-giver,
professional, or other person who provides the information and those
of the affected child shall not be revealed. Reports may be made
anonymously.
(5) The failure to report of persons who are under an obligation to do so
according to subsection (1) shall be guilty of an offence and upon
conviction be liable to a fine not exceeding $5,000.
§1029. Investigation and Intervention Obligations.
(1) If the Ministry has reasonable grounds to suspect child abuse or a
need for care and protection, the Secretary shall instruct the
appropriate staff, accompanied by the national or local police, to
enter and search the premises where the child is kept to investigate.
(2) If it is determined that the child has been abused or is in need of
immediate care and protection, the Secretary shall instruct the
appropriate staff, accompanied by the national or local police, to
remove the child to a place of safety for a period of not more than 14
days.
(3) The child shall be brought before the High Court by the Ministry
through the Office of the Attorney-General before the expiry of the
14-day period for an order to be made.
(4) Until the High Court makes its determination, it may commit the
child to an approved residential home or to the care of a suitable
person based on the recommendation of the Ministry.
§1030. Care Order and Supervision Order.
(1) Care Order:
(a) The High Court may issue a care order to the Ministry on an
application by the Ministry.
(b) The care order shall remove the child from a situation where
he/she is suffering or likely to suffer significant harm and shall
transfer the parental rights to the Ministry.
(c) The Ministry shall take custody of the child and shall
determine the most suitable place for the child which may be:
(i) an approved residential home;
(ii) with an approved fit person; or
(iii) at the home of a parent, guardian or relative.
(d) The maximum duration of a care order shall be three years or
until the child attains eighteen years, whichever is earlier, and
the High Court may make an interim order or may vary
the order.
(e) The High Court may make a further order that the parent,
guardian or other person responsible for the child shall pay for
the cost of maintaining the child.
(2) Supervision Order
(a) The High Court may issue a supervision order to the Ministry
on an application by Ministry.
(b) The supervision order shall be aimed at preventing any
significant harm being caused to a child while he/she remains
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at his/her family home in the custody of his/her parent,
guardian or relative.
(c) The supervision order shall place a child under the
supervision of the Ministry.
(d) The maximum duration for a supervision order shall be one
year or until the child attains eighteen years, whichever
is earlier.
§1031. Administration and Monitoring of Alternative Care.
(1) All child protection service providers shall receive authorization from
the Committee through the Ministry to provide alternative care.
(a) The Ministry shall administer a registry of all authorized
providers of alternative care.
(b) Rendering services without the required authorization and
registration shall constitute an offence resulting in a fine of up
to $5,000.
(c) The authorization shall be regularly reviewed by the Ministry.
(2) Personnel working in the care facilities or institutions and private
care-givers, shall be adequately trained to care for and educate
children. Training shall include the children’s rights, including the
specific vulnerability of children to abuse, maltreatment, and
exploitation and their rights to be protected therefrom.
(3) Children in alternative care shall have access to Committee where
they can file complaints or concerns regarding their treatment or
conditions of placement.
§1032. Medical and Psychological Assistance, Rehabilitation and
Reintegration Measures.
(1) A child who has been victimized by a violation of this Act or any
other laws of the Republic shall be provided with free medical
assistance in order that the child regain physical and mental health
and recover from the physical or mental trauma he/she may have
experienced.
(2) The child shall receive continued assistance to reintegrate into
society. Such measures shall include medical and psychological care
as well as educational and vocational consultation and training. The
child shall be afforded continued mentoring and guidance to avoid
re-victimization and social exclusion. The child shall also be afforded
protection of the child from confrontation with the alleged
perpetrator, the accommodation of the child in a place of safety, and
the psychological preparation for possible future encounters.
(3) Measures described in subsection (2) of this Section shall take place in
an environment favorable to the safety, health, and well-being of a
child and shall carefully guard the child’s right to privacy.
§1033. Sanctions for Crimes Against Children.
(1) The penalties relating to crimes against children in other laws of the
Republic shall apply.
(2) Notwithstanding subsection (1), enhanced penalties shall be applied
in cases involving aggravated circumstances, including cases
in which:
(a) The child suffers severe and/or long-lasting physical injury or
psychological trauma as a consequence of the offense;
(b) The offence deliberately or by gross negligence endangers the
life of the child or causes the death or suicide of the child;
(c) The child is especially vulnerable to the offense, such as
immigrant children, very young children, and children with
disabilities;
(d) The offense is committed on a regular basis or by an organized
group or by a recidivist;
(e) The offense is committed by a person in a position of trust or
authority in relation to the child or a person who is legally
responsible for the child, such as a parent, guardian, or care-
giver;
(f) The offense is transnational in nature;
(g) Weapons, drugs, or medication are used in the commission of
the offence.
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§1034. Right to Fair Compensation.
(1) A child who has been victimized by a violation of this Act or other
laws of the Republic has the right to be fully compensated for any
damages suffered. This shall include fair and adequate
compensation for:
(a) Moral damages, resulting from physical injury and
psychological harm,
(b) Material damages, including expended work during the time
of exploitation,
(c) Lost opportunities of education and vocational training, and
(d) Any other costs that the child may incur such as for medical,
physical, psychological, or psychiatric treatment, including
long-term therapy or rehabilitation, for legal services, housing,
and transportation.
(2) A child whose rights have been violated according to this Act or
other laws of the Republic shall have the direct right to enforce
his/her claims for compensation in criminal, civil, or administrative
procedures.
(3) A child shall be informed about the right to full compensation in a
manner and language that the child can understand.
§1035. Forfeiture of Assets.
(1) Anyone who violates a provision of this Act or other laws of the
Republic shall forfeit all revenues and assets acquired through such
acts and omissions and such revenues and assets shall be confiscated
by the Government.
PART V – PROTECTION OF CHILDREN IN THE JUSTICE SYSTEM
§1036. Principles for Judicial Proceedings Involving Children.
(1) Before participating in any judicial proceeding affecting the rights
and interests of a child, including as party, accused, victim, or
witness, the child shall be provided with all information necessary for
him/her to make a confident and educated decision about the kind of
participation in the proceedings and the possible consequences
thereof. The information shall be provided in a child-friendly manner
respecting the child’s age, maturity, and capacity.
(2) The Government shall strive to ensure that all judicial proceedings
shall be heard and conducted by specially trained law enforcement
officials, judges, prosecutors, and lawyers. Whenever available, these
persons shall receive continuous training on the rights of children
and the protection of the best interests of children.
(3) Alternatives to the formal and traditional judicial forum, such as
mediation and other forms of alternative dispute resolution, shall be
encouraged whenever these serve the child’s best interests and
whenever these guarantee the same level of legal safeguards.
(4) Experts able to assess the maturity, capacity, and wishes of the child
shall be encouraged to participate in the proceedings and their views
shall be taken into account when determining the child’s best
interests.
(5) Judges shall be obliged to take the child’s views and wishes into
account.
§1037. Protection of Child Victims and Child Witnesses.
(1) Child victims and child witnesses participating in judicial
proceedings, their parents, guardians, or care-givers shall be
provided with information on:
(a) The available medical and psychological assistance and other
child protection services;
(b) The procedures for the justice process, including the role of
child victims and witnesses;
(c) The importance, timing, and manner of testimony and ways in
which questioning will be conducted during the investigation
and trial;
(d) The progress and disposition of the specific case, including the
apprehension, arrest, and custodial status of the accused and
any pending changes to that status;
(e) The prosecutorial decision, relevant post-trial developments,
and the outcome of the case; and
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(f) The existing opportunities to obtain reparation from the
offender through the justice process, through alternative civil
proceedings, or through other processes.
(2) Unless the child’s participation in the proceedings is against the best
interests of the child, it shall be encouraged through:
(a) Using appropriate surroundings and alternative out-of-court
venues;
(b) In-camera proceedings;
(c) Clearing the courtroom or excluding certain individuals whose
presence is likely to intimidate or humiliate the child or have
an adverse effect on the child’s participation;
(d) Allowing the support and/or presence of other people close to
the child whose presence the child desires;
(e) Using one-way screens, closed-circuit television, or other
forms of remote participation;
(f) Strictly limiting the use of irrelevant and intimidating cross-
examinations of the child; and
(g) Admitting statements of the child given prior to the trial, such
as statements to national or local police.
In order to avoid continued questioning of the child, it shall be
possible to record the hearing of the child by electronic means or
video and use the material at the subsequent proceedings in court.
(3) Parents, other family members, or guardians of a child victim or
witness shall accompany the child and attend all stages of the
proceedings. The court shall decide otherwise if it deems the
attendance of the parents or guardians to be contrary to the best
interests of the child and thus prefers to hear the child alone.
(4) Direct contact, confrontation, and interaction between a child victim
or child witness with an offender or alleged offender shall be
avoided, unless at the request of the child when is not contrary to
his/her best interests. Special protective measures shall be taken when
the alleged offender is a parent, a family member, guardian, or
care giver.
(5) There shall be a presumption that a child is a capable witness subject
to examination. The child’s testimonies shall not be presumed invalid
or untrustworthy by reason of the child’s age alone.
(6) A child victim or witness may at any point in the proceedings
withdraw her/his statement, report, or testimony without
jeopardizing the trial of an alleged offender. A report or accusation of
a child shall not be a prerequisite for the prosecution of an alleged
offender.
§1038. Children in Conflict with the Law.
(1) The minimum age of criminal responsibility shall be governed by the
Criminal Code, 2011.
(2) Any child who is accused of having violated the laws of the
Republic shall:
(a) Be informed promptly and directly of the charges against
her/him;
(b) Have prompt access to free legal assistance;
(c) Have the matter determined without undue delay;
(d) Be presumed innocent; and
(e) Be neither compelled to give testimony nor to confess guilt.
§1039. Sentencing Guidelines for Children in Conflict with the Law.
(1) The sentences for children convicted under the law shall prioritize
their rehabilitation, education, and reintegration in society rather
than punishment or retaliation.
(2) Criminal punishment, particularly imprisonment, shall be used only
as a measure of last resort and shall be avoided whenever possible. It
shall be prohibited to subject a child to capital punishment or life
imprisonment without the possibility of release, or to inflict any other
cruel or degrading penalties.
(3) In lieu of criminal punishment, or in addition to a sentence, the child
court may order counseling, probation, reconciliation between
perpetrator and victim, mentoring, educational programs for the
prevention of future legal offences, and/or other measures
appropriate to facilitate the child’s development as a responsible
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member of society. These measures should be constructive and
individualized responses to the child’s offense and behavior and to
his/her character.
(4) A child shall have the right to challenge the legality of his/her
conviction before a superior court. Prison sentences shall be subject to
periodic review to determine the continued need for incarceration
and the possibility of a release on parole.
(5) Children shall be afforded the opportunity to clear or close their
criminal record. Where the judge has been convinced that a child
sentenced to penalty has proven himself/herself to be a law-abiding
individual based on irreproachable conduct, the judge shall declare
on his/her own motion or on application filed by the convicted
person, the parent, guardian, or legal representative, that the entry be
struck from the criminal record.
(6) Where appropriate, this Section is subject to the Juvenile
Protection Act.
§1040. Protection of Children Deprived of their Liberty.
(1) Children who are restricted in or deprived of their liberty shall be
held in a manner that avoids harm to their dignity and is appropriate
to their age. Those responsible for the care and guard of child
detainees must protect them from physical, psychological, and sexual
violence, respect their human rights, and ensure decent, humane, and
just treatment.
(2) Parents, guardians, or care-givers of a child, shall promptly be
informed about the child’s detention, arrest, and any other form of
restriction or deprivation of liberty. The notification shall also include
the nature of the offence in respect of which the child has been
arrested and shall inform that the child is entitled to legal assistance
and counseling.
(3) Child detainees shall be kept separate from adult detainees.
(4) Children shall be able to maintain contact with parents, family
members, and other persons close to the child through regular visits
and correspondence.
(5) The child’s rights to health, safety, and development, as provided
under this Act and other laws of the Republic, shall be respected in
detention settings. Discipline at detention places shall preclude
torture, cruel, and degrading treatment. It shall be prohibited to
subject a child detainee to additional punishment. The use of restraint
or force shall only be allowed when the child poses an imminent
threat of injury to her/himself or others, but never as punishment.
(6) Subject to good behavior, the child shall access to educational and
vocational programs to help the child overcome difficulties that
contributed to his/her commission of the criminal offence and
prepare for the return to his/her community, family life, education, or
employment after release.
(7) The relevant after care shall be provided to the child, including
reintegration measures, such as continued mentoring and guidance
tailored to the specific needs of the child with the goal of enabling a
dignified return of the child to her/his family, community, and social
life and to prevent future commission of criminal acts.
PART VI – FINANCIAL PROVISIONS
§1041. Child Protection Fund.
(1) The Child Protection Assistance Fund is established as a special
revenue account within the National Treasury and under the control
and supervision of the Ministry of Finance, which must provide for
its administration in accordance with the Financial Management
Act of 1990.
(2) The sources of the Fund consist of :
(a) money appropriate by the Nitijela in respect of the functions of
the Ministry and the Minister under this Act;
(b) other moneys provided by the Cabinet for the work of the
Ministry by way of grant or otherwise; and
(c) money paid to Government by any person or body, whether in
or outside the Marshall Islands, for the work of the Ministry.
(3) If the sum available in the Find is not sufficient to meet the purposes
stated in Section 1041(4):
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(a) the Ministry may request the Nitijela to provide finance for the
implementation of this Act in addition to the annual
appropriation; and
(b) the Cabinet may:
(i) make available moneys from the contingencies Fund or
by reprogramming; and
(ii) seek assistance from international and other sources.
(4) Money made available and received under subsection (3) must be
credited to the Find.
(5) This section does not limit the authority of the Cabinet to apply for,
administer or expend any grants, gifts, or payments or pass-through
funds for the purpose of this Act.
(6) Fines payable under this Act are to be paid to the Ministry of finance
and deposited into the General Fund of the Marshall Islands.
(7) The Funds must be used to contribute to expenses, including capital
expenses, of:
(a) Government projects for children;
(b) accessibility measures, support services, awareness-rising,
training, or any other measures required under this Act;
(c) representative organizations or persons with disabilities; and
(d) institutions that train supporters or personal assistants of
persons with disabilities.
(8) The Secretary of Finance shall maintain proper accounts and records
of the Fund, and the VIII, Section 5(4), of the Constitution.
PART VI – MISCELLANEOUS PROVISIONS
§1042. Relationship with other Acts and International Conventions.
In addition to the offences and penalties specified under this Act, offences
relating to children and corresponding penalties in other laws of the
Republic shall remain in effect.
In the administration of this Act, the Ministry shall, to its fullest extent,
execute its functions consistent with the provisions of the Convention and
other international covenants and conventions dealing with human rights.
§1043. Regulations.
The Minister may, in accordance with the Administrative Procedures Act,
may make regulations for the effective implementation of this Act.
Notwithstanding subsection (1), the Minister shall consult with the
Committee on appropriate provisions of the regulations.
§1044. Severability.
If any provision of this Act is deemed to be unconstitutional, the other
provisions shall remain in full force and effect.
§1045. Repeal.
The Sale of Tobacco to Minors Act 1966, Child Abuse and Neglect Act, and Adult
Film Act of 1994 are hereby repealed.
§1046. Effective Date.
This Act shall come into force in accordance with Article V, Section 21, of the
Constitution and the Rules of Procedures of the Nitijela.