House Begins Debate on Amendment to Child Care and Protection Act

The House of Representatives, on Tuesday (July 4), started debate on the Child Care and Protection (Amendment) (No.2) Act, which will, when passed, bring an end to locking up children who have not committed a criminal offence but who have been deemed uncontrollable.

Piloting the legislation, Minister of Education and Youth, Hon. Fayval Williams, said the National Children’s Registry receives 5,000 cases per year of children displaying behavioural challenges.

She said the age range of these children is 14 to 17 years.

“These cases are treated though the Child Protection and Family Services Agency (CPFSA) Children and Family Support Unit (CFSU). Most children who are treated by the CFSU are able to remain with their families during the course of the necessary intervention,” Mrs. Williams said.

She noted that for those with severe problems, there is the need for residential treatment, which, in the absence of a suitable alternative facility, causes them to be placed under a correctional order.

The Minister pointed out that given that juvenile correctional centres do not have adequate resources to treat and rehabilitate children who are referred to these facilities by order of the court, the Ministry proposes to strengthen the Child Care and Protection Act to provide a wider range of options for dealing with children in need of supervision or behaviour modification.

She noted that the position of the Ministry is that allowing the use of a correctional order without a child committing a criminal action under Section 24 of the Act is an injustice against the child, who may be exhibiting trauma derived from abuse, neglect and suffering and needs psychological treatment.

Mrs. Williams said the CPFSA has seen numerous children in this category and has, therefore, advanced the proposal to place them in a facility to treat with their individual psychological needs.

The Minister said the amendment of the Act includes the repeal of Section 24 (2), which will enable Jamaica to become compliant with obligations under notable international treaties on child justice and child rights and establish a fairer and more equitable means of treating with cases involving children exhibiting behavioural challenges, thereby promoting the best interest of the child.

The Memorandum of Objects and Reasons states that the amendments will provide for any child alleged to have behavioural challenges to be brought before a Children’s Court as being in need of care and protection and make provision for the orders that may be made by the Court in respect of such a child to include a residential therapeutic order or a non-residential therapeutic order, having regard to the results of a social enquiry report and a psychological or psychiatric report.

The legislation also provides that a Children’s Court before which any child is brought under Part I of the Act, other than a child alleged to have committed an offence, may order that the child be placed under the care of a children’s officer for a specified period not exceeding three years (instead of a probation and after-care officer as currently obtains under the Act).

Debate on the Act has been suspended and will continue at the next siting of the House of Representatives.