Child Care and Protection Act (Jamaica) 2004 PDF

CAD 1004 Unit 5  Child Care and Protection Act 2004 Laws The Child Care and Protection Act (CCPA) Related to was enacted in 2004 to strengthen protection for children and promote Child Care their rights. in...

CAD 1004 Unit 5  Child Care and Protection Act 2004 Laws The Child Care and Protection Act (CCPA) Related to was enacted in 2004 to strengthen protection for children and promote Child Care their rights. in Jamaica Objective of CCPA (2004) is to promote the best interests, safety and well-being of children across Jamaica.  The Act recognises that the family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the CCPA parents. Briefs It also stipulates the need for the necessary support services or alternative environments when the best interest of the child is not being met by the family unit.  The Office of the Children’s Advocate, the National Children’s Registry (Formerly the Children’s Register) were all established under this Act. The OCA was established to protect and enforce the rights of children; the Children’s Advocate is CCPA appointed by the Governor General. Briefs The National Children's Registry (NCR), formerly the Office of the Children's Registry, is the central repository for child abuse cases in Jamaica. Information is supplied by persons such as health professionals, school faculty, social workers and anyone who makes a report to the Registry regarding suspected ill-treatment of a child.  It outlines the circumstances under which a child may be removed from his/her family including: Abuse, CCPA Neglect, Briefs Parents’ inability to take care of the child, Control the child if he/she is exhibiting negative behaviour.  CCPA Briefs The Act stipulates the guidelines for placing children in the care of the state, their rights thereafter, and circumstances under which they may be transferred or removed from these facilities.  It outlines the ages at which a child may gain employment, and specific terms of said employment. For instance, a child may begin working at 13, “no person shall employ a child who has attained the age of 13 years, but who has CCPA not attained the age of 15 years, in the performance of any work… [other than] Briefs (a) such light work as the Minister responsible for labour considers appropriate for the employment of any child of the age referred to… and (b) specifying the number of hours during which and the conditions under which such child may be so employed.”  The Act makes it clear that no child under the age of 12 years can be guilty of an offence – the ‘age of criminal CCPA Briefs responsibility.’ It also sets out how those over this age who run afoul of the law are to be treated in the justice system – (Children’s Court).  Describes the requirements that an ECI Regulations (2005) must meet in order to be Early Childhood registered by the ECC as Childhood Act a legally operating institution. The Early The laws ensure that all (2005) ECIs provide the services children need to grow and develop well.  Every person or company who wishes to operate an early childhood institution must (2005) (Briefs) register under the Act. Childhood Act Applicants must be 18 years of age or over, have no prior The Early criminal history. Be of sound mind and body and the premises to be used must meet the ECC’s requirements.  The ECC can refuse an application for registration if it is: not satisfied that the applicant meets the conditions outlined above, or The Early if it is concerned that a prospective Childhood staff member is not fit to be employed in an early childhood institution; or Act (2005) if it is concerned that the premises to (Briefs) be used for the operation of the institution are not fit for this purpose for reasons connected with zoning, situation, construction, accommodation, staffing or equipment. The Early Any person or company who operates an early childhood Childhood institution that is not duly Act (2005) registered commits an offence and is liable upon conviction to a (Briefs) fine not exceeding $200,000.  The operator of a registered The Early early childhood institution must ensure that the Childhood certificate is displayed in a conspicuous place on the Act premises at all times. Registration is valid for a (2005) period of five years from the date of issue of the certificate. (Briefs) An application for renewal must be made no later than 30 days before the date of expiration.  A person aggrieved by any decision The Early of the ECC to refuse an application for registration or renewal, or to Childhood suspend or cancel the registration, Act (2005) has seven days after receiving the notice to file a motion with the (Briefs) Appeal Third Tribunal appointed by the Education Minister.  Corporal punishment is strictly prohibited under the Act, as is forced The Early restraint with any mechanical or Childhood electrical device. Act (2005) Where restraint of a child (Briefs) is necessary, it must be administered in accordance with regulations made for that purpose.  An ECC inspector is entitled to, at all reasonable hours, enter and The Early inspect any early childhood institution for the purpose of Childhood determining whether it is being operated in accordance with the Act (2005) Act. (Briefs) Operators and employees must co- operate with an inspector executing his/her duty. The Adoption of the Guides Children process of adoption in Act – 1958 Jamaica. The Children Gua rdianship & Custo dy Act – 1957 An act that guides the custody of children in Jamaica.  Early Childhood Commission The Early Childhood Commission (ECC) was established by the Early Childhood Commission Act (2003). It functions to improve the quality of Role of various early childhood care, education and stakeholders/agencies development within the early childhood sector. The ECC, is an agency of the Ministry of Education, that coordinates all activities, development plans and programmes within the early childhood sector.  Advising the Minister on policy matters relating to early childhood care, education and development in Advising Jamaica, including initiatives and actions to achieve Functions of national early childhood development goals. the Early Childhood Commission Assisting Assisting in the preparation of plans and programmes concerning early childhood development. Monitorin g and Monitoring and evaluating the implementation of the plans and programmes concerning early childhood evaluatin development. g Functions of the Early Childhood Commission Supervising Coordinating and Convening regulating Coordinatin Supervising Convening g all and consultation activities regulating s with relating to early relevant early childhood stakeholder childhood institutions. s as developme appropriate. nt. Functions of the Early Childhood Commission Analyzing Identifying Conducting Analyzing the Identifying Conducting resource needs and alternative research on early submit financing through childhood recommendations negotiation with development. for budgetary donor agencies and allocations for early liaising with such childhood agencies to ensure development. the effective and efficient use of donor funds. Functions of the CPFSA Location: 48 Duke Street, Kingston, Kingston, Jamaica  The CPFSA is governed by the Child Care and Protection Act (CCPA,2004) and provides care to children deemed in need of care and protection by the Courts, and those who are awaiting the outcome of court proceedings. Functions CPFSA conducts: of the 1. investigation of cases, CPFSA 2. assessment of children brought into care, and 3. the administration of programmes designed to provide a stable and nurturing living environment for the children.  Provision of quality care for promoting the welfare of children in the care of the State. CPFSA Core Providing regulatory Safeguarding children oversight of from abuse through Residential Child Care advocacy and public Facilities. education. Responsibili ties Maintaining children within their families wherever possible and Investigating reports supporting families in of child abuse. meeting their essential social care needs.  Provides support to children in need of care and protection (those who have been, abused, abandoned, neglected or vulnerable due to disability) Carries out advocacy/public education programmes to prevent child abuse CPFSA Services Investigates reports of child abuse, abandonment and neglect to determine the best interest of the child which supports the Courts and the Police Advises government on policy and legal issues relating to children.