Child Diversion Programme Provides Opportunities for Rehabilitation Rather Than Punishment

The National Child Diversion Programme, developed by the Ministry of Justice and Constitutional Affairs, was established with the best interest of Jamaican children in mind.

From time to time, children may find themselves getting into conflict with the law and this programme provides guidance, support, opportunities for rehabilitation rather than punishment, helping them to make positive changes and becoming productive members of society.

Speaking at a recent Legal Aid Council online forum, titled, ‘Know the Law, Save the Child: Under 16 sexual offences and bullying’, Child Diversion Officer for Clarendon, Tiffany Case, said the Programme is guided by the Child Diversion Act of 2018.

“So, the Child Diversion Programme, it redirects children between the ages of 12 to 17 from the criminal justice system. So, this piece of legislation allows a Constable to decline prosecuting a child who is suspected of, accused or recognised of infringing the penal law, without resorting to the formal judicial proceedings,” Ms. Case explained.

Ms. Case noted that the programme envisions that children in conflict with the law are restored towards positive development and life outcomes by fair, transparent and effective justice mechanisms, that allow them to achieve their full potential as functional Jamaican citizens.

She further stated that the goal of the programme is to develop and sustain a justice system in which the best interest of the child is paramount in the administration of programmes and to secure their protection while maintaining the rule of law.

“The aim of the programme is to rehabilitate children who have committed diversion offences, reduce the number of children exposed to the criminal justice system, and to empower communities to re-socialise child offenders,” Ms. Case said.

The Child Diversion Officer also explained the seven-step diversion process.

“So, the first step is that a child is suspected of or has committed a diversion offence. What do these offences look like? noisy and disorderly conduct; damage to property; unlawful wounding; indecent assault; sexual intercourse with a person under 16 – so they’re having sex below the age of 16 [and] they get caught; simple larceny; they’re littering and other offences at the judge’s discretion,” Ms. Case stated.

“The next step is that a referral is received from the police or from the court. So, before we even get to that, the child accepts responsibility for the offence, which means that they’re ready for rehabilitation to occur. The Child Diversion, for now, only accepts referral from the police or from the court, and I say for now because the legislation is currently under review,” she added.

She further stated, under the programme the victim also consents for the offender to participate in the Child Diversion Programme.

“When we receive that referral and all the acceptance is done, the consent is given, the referral is received, a risk and needs assessment is done by the parish Child Diversion Officer. So, the child and their parent or guardian, they come into the office, and we do a risk and needs assessment,” Ms. Case said.

“We want to see what the risks are, what the needs are. Is the child out of school? because that is a risk… and that’s the need that we need to fill. Is the child using drugs or alcohol; are they vaping – which is a popular thing now among our young people. We look at substance abuse, we look at who they’re hanging out with, and we look at who their friends are,” she further explained.

Ms. Case stated that the programme also looks at the psychosocial issues of the client and if they have received any counselling or been exposed to any sort of trauma.

The next step, she said, is to develop, approve and implement a treatment plan.

“Some of the options that we have under our treatment is school attendance. So, if the child is out of school, then we re-enrol them into school. But what if they finish school? Then we get them into approved programmes like HEART/NSTA Trust to ensure that they’re not left idle. We have counselling for the child and the family because we recognise that our children do not exist in silos. They come from families and communities, and we have to include them in our intervention,” she said.

Ms. Case noted that if it is that the offence was of a sexual nature, such as incest, indecent assault, sexual intercourse with a person under 16, these children, whether male or female, are sent to the Women’s Centre Foundation of Jamaica for Sexual and Reproductive Health Education.

If they are using drugs or alcohol, the participants will receive help from the National Council on Drug Abuse for drug use treatment and counselling, community service, restitution and parental skills training.

“But my favourite part of the Child Diversion Programme is the mentorship aspect, and this is where I’m going to beg and plead with all of our JPs online to come on board and become a mentor on the Programme. You get children who are on the Programme once you are vetted, you’ll be trained, and you’ll get these children to interact with once you are approved,” Ms. Case said.

“So, mentorship, it helps our children, it gives them guidance, it gives them support while they’re on the Programme. The final step… is that if the child successfully completes the Programme, all legal proceedings related to that diversion offence, they are dismissed,” she stated.

However, Ms. Case stressed that if it is that the child was referred to the Programme by the court, or the police, legal proceedings will continue.

“So, if it is that it was sent to us by the police, remember the child is not charged once they’re sent to us by the police. So that child then can or may be charged with that offence. If it is that it was sent to us by the court, then the court may proceed with the proceedings,” she stated.

Meanwhile, Ms. Case disclosed that since the implementation of the Programme in March 2020 to March 2026, there has been a total of 951 referrals coming from the police.

“But… we have a total of 903 that have been sent to the Child Diversion Programme for intervention,” she stated.

JPs interested in being a mentor on the Programme, can reach out to the Ministry of Justice and Constitutional Affairs head office, at 61 Constant Spring Road, or they can call 876-906-4923, or send an email to childdiversion@moj.gov.jm.

“If it is that you need to pull down a mentorship application form, it’s on the Ministry of Justice’s website at moj.gov.jm. You click on Child Diversion, and the form is at the top; it’s something that you can download, fill out, and send to us,” Ms. Case explained.